TIME

The shape-shifting First Amendment

PICKING A SUPREME COURT NOMINEE CAN BE less a science than a kind of holy divination. It’s an exercise not only in prophesizing a judge’s future decisions based on past actions, but also predicting which questions he or she might one day be asked. But one thing about Donald Trump’s nominee, Brett Kavanaugh, is certain. If he is confirmed to fill Justice Anthony Kennedy’s seat, Kavanaugh will not only become a decisive vote on cases shaping the future of administrative agencies, religious liberties, gun

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