I want to be excited about the Supreme Court’s ruling in favor of Hobby Lobby and against the blatantly illegal and unjust HHS contraception mandate. But as I said back in March, writing for Crisis:
[In the event of a Hobby Lobby win] my celebration will be muted and limited, however, because a legal victory will not address the underlying philosophical and cultural divide that brought this case before the court to begin with. Contrary to what some may believe, law is not the foundation upon which society rests; it is rather the adhesive we use to patch up broken pieces of society. The more laws, precedents, mandates, rulings and decisions we require to defend our basic interests and assert our rights, the greater indication we have of a society that is almost literally tearing itself apart.
I’m not alone in this. James C. Capretta writes in The National Review:
But even in victory, it is hard to avoid the sinking feeling that having to fight at all over this issue is something of a defeat.
That’s because the HHS mandate was always a politically contrived issue without real legitimacy…
What’s most discouraging is that millions of American voters really seemed to buy it. The absurdity of the “war on women” claim has not undermined its potency. Unfortunately, the Hobby Lobby decision, welcome and necessary as it is, ensures that the “war on women” flag will be waved incessantly in the run-up to the 2014 midterm election. The GOP will need to do a far better job this time around in framing the issue and making it clear that what the Obama administration wants is not access to contraceptives but victory in a pointless ideological crusade.
And Ross Kaminsky at The American Spectator writes:
Although the Court got it right, conservatives and libertarians alike — namely any American who understands the primacy of our Founding principles over the utilitarian approach of statists — have an uphill battle on our hands when it comes to the population overall…
Until “hearts and minds” are changed so that Court decisions such as Hobby Lobby are heralded not only as correct, but as obviously so, these small victories mean little in the longer war against a determined and patient foe.
I was fairly certain from the beginning that the Court would rule in favor of Hobby Lobby. But the reason Hobby Lobby prevailed was because the administration failed to consider the possibility of simply paying for these contraceptives itself, i.e. with our tax dollars. Though I understand that in the context of case law and precedents, there is a significant distinction between compelling direct payment/participation and simply collecting taxes, in practice it amounts to the same thing. One way or another, we will all have our pockets picked to serve the federal government’s ideological agenda.
I was prepared for the hysteria and mass psychosis of the left and the radical feminists as well. From the moment it was announced and conservatives pointed out the slam-dunk case against it, proponents of the mandate have engaged in one of the most dishonest and demented propaganda campaigns in modern history. That they would now threaten violence with impunity is not surprising either. We live in two different philosophical, moral, and semantic universes. Between them exists a chasm which rational argument cannot cross. To even engage the mindless arguments against the ruling would be beneath any of us. Ginsberg’s dissent may be worth deconstructing, but I will leave that to people with more time (besides, I think Alito and, I never thought I’d say this, Kennedy did a fine job addressing her directly in their opinions).
The enemies of the Constitution, the 1st amendment and Christianity in this country have been handed a victory even in defeat, a banner around which to rally and reinforce their collective delusions. Against this insanity, which will be used against the tottering remnants of our republic and our churches like a battering ram, sober and reasoned discourse will not stand. Our enemies are not interested in it. They do not want it, any more than the Jacobins or the Bolsheviks wanted it. They want our heads on pikes and our hearts on platters, they want to write our epitaphs in blood and erase our memory from the Earth. If you don’t believe me, check out some of the reactions for yourself.