It’s possible The 2 Libs went along with a concession on the details of the opinion. They agreed to vote with the 5 if the wording was changed.
Roberts likes that approach, preferring 7-2 over a stronger-worded 5-4 opinion.
It means Kagan is not attempting to destroy the integrity of the court every day.
Could be Kagan has some concern over Jewish schools.
Breyer could be influenced by daughter, Episcopal priest. That could play either way.
Interesting. I did not know Breyer's daughter is an ordained minister like Scalia's son. Given his ideology, I'm guessing his daughter is some "social justice" type like Gorsuch's creepy pastor. But I'm still surprised she's ordained anyway. I figured they were a secular family, which him basically being Jewish only by ethnicity. (Sotomayor is similarly nominally "Catholic" only on paper, as are a lot of RATS)
There's certainly a double standard there though... if Breyer had been a GOP pick for SCOTUS, they would have no doubt nitpicked the "Episcopalian priest" daughter and "questioned" his ability to decide fairly on religious cases because of it.