In 2018, shortly before Justice Brett Kavanaugh’s confirmation shifted the Supreme Court drastically to the right, Democratic Justice Elena Kagan laid out her strategy to keep her Court from becoming too ideological or too partisan. The secret, she said, is to take “big questions and make them small.”

Since then, Kagan and her Democratic colleagues have had mixed success persuading their colleagues to decide cases narrowly when they could hand right-wing litigants a sweeping victory. The Court has largely transformed its approach to religion, for example, though it does occasionally hand down religion cases that end less with a bang than with a whimper.

Catholic Charities v. Wisconsin Labor and Industry Review Commission will likely be remembered as such a whimper. The opinion is unanimous, and it is authored by Justice Sonia Sotomayor, one of Kagan’s few fellow Democratic justices. The case could have ended in a sweeping decision that

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