To restrict or legalize abortion, to allow or forbid gay marriage, a legislator would need to write and pass a law, get it signed by the president or a governor, and perhaps override a veto. A Supreme Court justice need only persuade four other people. If he or she is not internally constrained by the authority of a text, he or she is not constrained.
So here we have found a means of a) alienating even the most flexible and patient Palestinians; while b) frustrating the efforts of the more principled and compromising Israelis; while c) empowering and financing some of the creepiest forces in American and Israeli society; and d) heaping ordure on our own secular founding documents. When will the Justice Department and the Congress and the Supreme Court become aware of this huge and rank offense, which is designed to bring us ever nearer to holy war?