No, it is the demand that government be 'fair'

Sotomayor’s ‘Religious Liberty’

New York Sun complaining about the gals on the Supremes being against religion.  That is not it.  

These gals, including Kagan, want the executive branch to rule broadly, allow legislatures to ignore the basic Due Process clause.  This came up in Sotomayor's initial confirmation.  She wanted to do away with Due Process entirely, the government was mandated for quotas, let the executive execute the law. She was over ruled the day she was confirmed but still takes that position. So does Kagan.