In a single opinion, the Supreme Court on Tuesday took a swipe at Congressional authority while at the same time stripping some victims of religious violations the ability to sue over illegal treatment. The decision weakens a law guaranteeing freedom of religious expression in federally-funded prisons. But with time, the ruling may prove far more disastrous and far-reaching, unleashing illegal behavior that both Congress and the victims are powerless to prevent.

The decision achieves this dual result by limiting Congress’ authority to require that terms in its funding laws can be enforced through private suits against the individuals who violate them—making it harder for Congress to give these laws teeth and for victims to seek damages. The Constitution “may confer on Congress the power to spend money for the general welfare,” Justice Neil Gorsuch wrote in his majority opinion, but “it does not ‘endow Congress with [any] power to regulate conduct.’”

The majority’s decision demotes certain legislation to a mere contract.

This attack on Congress and the victims of unlawful behavior stems from a violation of one man’s religious rights while in a federally-funded prison. A former inmate with the Louisiana Department of Corrections, Damon Landor is a devout Rastafarian who follows the religious command not to cut his hair. When he was transferred to a new facility, Landor worried that the intake guards might shave his head, so he brought along a paper copy of a court case explaining his right to keep his hair long. The prison guards threw it in the trash, held him down, and shaved his head.........

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