Justice Stevens abhors a system in which “majorities or powerful interest groups always get their way,” post [Stevens dissent], at 56, but replaces it with a system in which unelected and lifetenured judges always get their way. That such usurpation is effected unabashedly, see post, at 53—with “the judge’s cards . . . laid on the table,” ibid.—makes it even worse. In a vibrant democracy,

Berg et al. on Hosanna-Tabor ministerial exception case (to be heard today)