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.
Hattip to Ed Morrissey at Hot Air. As long time readers of this blog know, I have never been a fan, to put it mildly, of Ron Paul. His son, Rand, is a different matter. He has keen political instincts and a feel for the jugular of his adversaries, as he demonstrated today:
“The ‘Hobby Lobby’ case is being discussed today, and I think it’s important that he tell the leader of the Catholic Church why he thinks that businesses owned by Catholics can’t make their own decisions with regard to health care,” Paul said.
“And I think is something that really should be discussed in our country,” Paul said. “Most of us, whether you’re Republican or Democrat, believe … in free exercise of your religion. But if they’re telling you that your tax dollars have to go to something you find morally reprehensible, I think that’s not free exercise of religion.” Continue reading
Hattip to Ed Morrissey at Hot Air. Bart Stupak, former Democrat Congressman who was played like a fiddle by Obama to pass ObamaCare, go here for the details, realizes that he was a chump in regard to the contraception mandate:
Today, as a private citizen, I’m proud to stand with the Green and Hahn families and their corporations, Hobby Lobby and Conestoga Wood, in seeking to uphold our most cherished beliefs that we, as American citizens, should not be required to relinquish our conscience and moral convictions in order to implement the Affordable Care Act. …
[W]e received an ironclad commitment that our conscience would remain free and our principles would be honored. With our negotiations completed and our legislative intent established by the colloquy, we agreed to an executive order directing federal agencies to respect America’s longstanding prohibitions on government funding of abortion and most relevant here, to respect longstanding protections for individuals and organizations conscientiously opposed to participating in or facilitating abortions.
I was deeply concerned and objected to the HHS mandate that required all health plans to cover all FDA-approved contraceptives, including four drugs and devices that could terminate human life at its earliest stages by preventing an embryo’s implantation in the womb. The FDA’s own labeling statements, as well as other studies, indicate that drugs such as the 5-day-after pill (Ella), as well as intrauterine devices (IUDs), may operate this way. The Greens and the Hahns cannot, in good conscience, risk subsidizing actions that may take human life. Continue reading
The Little Sisters of the Poor have won a permanent stay from the US Supreme Court while they pursue their appeal. Ed Morrissey gives us the details:
The first Supreme Court stay of the HHS contraception mandate, issued by Justice Sonia Sotomayor on New Years Eve, was a pause in the proceedings in order for the court to consider whether the Little Sisters of the Poor would suffer significant damage if forced to comply while their challenge is on appeal. Today, the whole court issued a stay of more significance — one that extends to another group suing to block enforcement:
The Supreme Court said on Friday that, while litigation continues, the federal government may not enforce a part of President Barack Obama’s healthcare law that requires employers to provide insurance covering contraception against an order of nuns and one other Roman Catholic Church-affiliated group.
The court said, however, that the groups in question must first notify the Department of Health and Human Services in writing that they object to the so-called contraception mandate.
The Court issues this order based on all of the circumstances of the case, and this order should not be construed as an expression of the Court’s views on the merits.
However, in order for a court to issue a stay, there generally has to be two measures met. First, the applicant has to have a real chance at winning the argument, and there has to be demonstrable and significant damage resulting from a denial of a stay. If the court agrees that the Little Sisters and the Christian Brothers (the other plaintiff) both have a real chance of prevailing on the merits and will suffer damage without injunctive relief, then it seems that the Supreme Court is at least open to their case. Continue reading
The Catholic News Agency published some remarks made by President Obama in Denver yesterday (Aug. 9) regarding the HHS contraception mandate that are so deluded and irrational that it becomes difficult to imagine how this country can possibly continue forward. We are dealing now with a level of dishonesty that is so open and aggressive that reasonable discourse, upon which social peace ultimately rests, is fast becoming impossible.
This is what Obama said about Mitt Romney’s opposition to the mandate:
“It would be up to the employer to decide. Your boss, telling you what’s best for your health, your safety,” the president said.
“I don’t think your boss should get to control the health care that you get. I don’t think that insurance companies should control the care that you get. I don’t think politicians should control the care that you get.”
This is Barack Obama speaking. The man whose healthcare vision is about to be foisted on the American people, in which they will be forced to buy health insurance (by politicians, from insurance companies) or face official penalties, just said that he doesn’t think politicians and insurance companies should control the care that we get.
Some statements are so at odds with reality – in this case, a reality established by Obama himself – that they can only be described as psychotic. The psychosis continues with the idea that without the HHS mandate, employers would, and indeed, have been, deciding what is best for their employee’s health. It never entered Obama’s psychotic mind that a desire not to cover what HHS mandates could, and almost always does, revolve around the employer’s desire to avoid something he finds morally objectionable, in which case it has absolutely nothing to do with dictating employee’s health. No, when a man in a position of relative power, the employer, decides what he will and will not pay for his employees to have, it is necessarily an aggressive and unjust exercise of power by the master over the subordinate in the psychotic mind of the president.
It doesn’t matter that on every corner of every major street of every town and city in the United States is a CVS, Walgreens, Rite Aid or local drug store that is brimming with contraceptives that are legal for anyone to purchase. It doesn’t matter that there are clinics that provide abortions and sterilizations for those who want them. It doesn’t matter that there isn’t a single employer in the nation that can legally force people to work for them and thus deny them the opportunity to work for someone who is willing to offer a plan that covers such things. All of these conditions, which collectively taken together, any sane man would recognize as a condition of freedom (at least relatively) as far as health and reproductive choices are concerned, mean nothing to Obama. They mean nothing to the hordes of bleating drones who have dutifully towed the party line on this issue either.
The layers of insanity go even deeper. Obama himself has created the conditions under which businesses with 50 or more employees must eventually provide health insurance (by 2014). He has forced this responsibility onto the employers of America. He then proceeds not only to insult them with his “you didn’t build that” remarks (some potential business owners won’t be building anything thanks to Obamacare), but to prohibit them from exercising their preferences, moral or otherwise, in how they go about doing it. And yet to hear Obama speak, one might think that employers themselves demanded Obamacare just so they could have power over their employees that they didn’t have before, and that the HHS mandate had to exist for this reason. This isn’t just a false picture of reality, but a deranged one.
Finally, Obama speaks as if employers making decisions about what they will cover or not cover in their health plans is something new, as opposed to the way it has been since health plans came into existence. All this time, apparently, bosses have been dictating to workers what is best for their health by not paying for their condoms and vasectomies. Obama has now freed us from the tyranny of having to pay for certain things we want with our own money. People who view reality this way can’t be reasoned with by people who don’t.
Looking at Obama’s recent rhetoric, a phrase keeps emerging. He keeps referring to America as “one American family”, especially when there is a tragedy in the news. Some commentators are even beginning to see him as a father figure (try not to wretch if you watch the clip). There is no doubt in my mind that he seems himself as the father of the nation, laying down rules for some of his more stubborn children, insisting that they share their toys with one another. That is how he sees the businessmen of America. And as for the religious conservatives, they are the cranky old uncle who is grudgingly tolerated but also increasingly despised by the more content members of Barack’s family. In neither case is there respect for what they do or what they represent. There is no respect for them as autonomous, rational beings with their own convictions. They’re just stubborn children or senile geriatrics, they aren’t mature and rational like Obama and his friends. He isn’t even a politician, not in his own psychotic mind. He is self-excluded from that list of people who want to “control what healthcare we get.” He isn’t controlling us; knowing us better than we know ourselves, he is guiding us, in spite of ourselves. He is our father.
We knew it would come to this, but we weren’t sure until when until the Obama administration announced the contraception mandate; even then, we weren’t sure when exactly it would be explicitly spelled out by the leadership of the Church. I am referring to the U.S. bishop’s recent statement declaring, among other things, the following:
It is a sobering thing to contemplate our government enacting an unjust law. An unjust law cannot be obeyed. In the face of an unjust law, an accommodation is not to be sought, especially by resorting to equivocal words and deceptive practices. If we face today the prospect of unjust laws, then Catholics in America, in solidarity with our fellow citizens, must have the courage not to obey them. No American desires this. No Catholic welcomes it. But if it should fall upon us, we must discharge it as a duty of citizenship and an obligation of faith.
It is essential to understand the distinction between conscientious objection and an unjust law. Conscientious objection permits some relief to those who object to a just law for reasons of conscience—conscription being the most well-known example. An unjust law is “no law at all.” It cannot be obeyed, and therefore one does not seek relief from it, but rather its repeal. (Emphasis added)
In making this statement, the bishops have echoed Pope Leo XIII’s statement in his encyclical Libertas: “But where the power to command is wanting, or where a law is enacted contrary to reason, or to the eternal law, or to some ordinance of God, obedience is unlawful, lest, while obeying man, we become disobedient to God.”