This week in a 5-4 decision, the Supreme Court sided with Hobby Lobby and Conestoga Wood Specialties, which objected to Obamacare's contraception coverage mandates and said such coverage imposed a substantial burden to their religious freedom.
In a different 5-4 decision, the U.S. Supreme Court ruled Monday that Illinois can't force home health care workers to pay dues to unions. This applies most directly to the Illinois home care providers who challenged a state decision to classify them as public employees and require them to pay fees to a union.
Conservatives are elated because we have won two battles in our war against outrage and perversion of law. Let us scramble to catch the crumbs of liberty that this tiny victory bestows upon its citizen dogs as they have fallen off the plates of our autocratic masters. Let us pat ourselves on the backs just as our typical premature celebration of victory requires. Let us drop our defenses and delude ourselves that these judgments mark a drastic shift in direction, and that we at last have momentum on our side.
Forget that a 5 to 4 decision means that there are four men and women sitting as Justices of the Supreme Court who disregard the document that they have sworn to uphold as one disregards the used tissue that has been tossed into the garbage. Forget that a 5 to 4 decision means that there are five men who must now vow to live forever acting as buffers against indiscriminate power grabs because no Republican president would dare nominate a constitutional originalist to the Supreme Court for fear it might upset the applecart of phony intellectualism that bleeds from the hearts of progressives.
We are living in an unprecedented period in American history because easily half of the population rejects the intent of our Founders in crafting the document that binds us together, and they disregard parliamentary tradition that permeates the chronological thread which ties us to our founding principles.
Ask Justices Clarence Thomas or Antonin Scalia if the Supreme Court would be within its rights to rehear arguments regarding the legal rights of a woman to obtain an abortion, and they will answer that they would not because Roe v Wade is settled law…ironic because not even the legendary "Jane Roe" (Norma McCorvey) approves of how this law has evolved. The imprudence of the Burger Court in hearing Roe v Wade means that only an amendment will succeed in overturning this grievous misinterpretation of the Constitution. Because conservatives respect the tradition and legacy of court rulings, they will ultimately seek to end the slaughter of the unborn through traditional legal means. They won't cheat to get what they want.
Now ask Ruth Bader Ginsberg or Elena Kagan or Steven Breyer whether they would be within their rights to rehear the Hobby Lobby case if they thought they could get an outcome more in keeping with their own worldview…
The structure of government should naturally default in defense of the American Constitution from tyrants because of the adversarial tendencies of the three branches of government which were created to greedily protect their own turf through the balance of power. The issue that conservatives now face is that the Left thwarts natural oppositional tendencies when it ascribes first to party and therefore to parliamentary martyrdom in the furtherance of their one true religion.
Certainly, they place their hand on the Bible and swear to protect the Constitution, but that promise is only as good as their belief in the Bible or the Constitution as legitimate documents. For those who view Christianity or the American founding as illegitimate, their promise to defend the Constitution is as specious as mine would be if Donald Trump offered to hand over half of his wealth for my promise to defend all the unicorns and minotaurs that I encounter…okay, sure. No problem. Sign me up.
To progressives, America, Western Civilization and Christian traditions don't deserve the loyalty that a fulfilled promise would recommend. In their view, it would be impossible to act disloyally or treasonously towards something that is mythological. Instead, they swear allegiance to something that lives outside the jurisdiction of American law while still parasitically clinging to the law and its protections when it suits them. By all measures, they are pirates who function within their own Chasse-Partie while acting flippantly with fellow travelers in marginalizing American law.
Conservatives might envy the Left its current success until we realize in what a terrible historical position progressives have place themselves. They are, after all, not on the side of liberty and will only be remembered archaeologically as scoundrels and thieves….Ah! But it's better than being forgotten? To wit:
"What an issue you have made for yourselves. Succeed and you destroy the Constitution. Fail and you have covered the land with mourning. Succeed and you bring ruin on yourselves and the country! Fail and you bring infamy upon yourselves and all your deluded followers! Succeed and you are the perjured assassins of liberty! Fail and you are defeated, despised traitors forever! Ye who aspire to be radical governors and judges, I paint before you this day your destiny. You are but cowards and knaves, and the time will come when you will call upon the rocks and mountains to fall on you and the darkness to hide you from an outraged people…"
Conservatives – until every Supreme Court Justice rules in favor of constitutional liberty as it was written and intended; until every member of Congress swears allegiance first to God, then to country and only then to party; until every American president views a legislative rebuke of his policies as a call for exercising the bully pulpit instead of a call for exercising executive orders, we have won nothing. Stop celebrating because the fight has just begun.