Chief Justice takes up the roll of making excuses for liberal abuse of Constitution
First, Chief Justice John Roberts, who assured us there are no Obama judges, seems to have morphed from siding with the liberals on occasion to prevent 5-4 decisions and control who wrote the controlling opinion into being a full-fledged member of the liberal wing of the court. I imagine we’ll now read stories in National Review assuring us of the wisdom of not having 6-3 conservative victories because we are a closely divided nation, and such a thing would be bad for the court’s credibility…just like 5-4 conservative victories were bad.
In this decision, he shows just how irrelevant he is. He says that yes, Cuomo’s edicts probably violate the Constitution, but since he’s said he won’t enforce the limits right now, no harm, no foul. As some on Twitter said, it is sort of like reporting that you’ve been mugged and having the cop tell you, “you’re not being mugged right now, come back while he’s mugging you if he does it again.”
Second, Neil Gorsuch is emerging as a major conservative voice. In yesterday’s opinion, he exposed Cuomo’s order for the shallow, transparent, power-grubbing sham that it is.
In fact, he spared little effort to conceal his contempt of the blatant dishonesty by the minority in trying to assert that the First Amendment only exists to the extent that the government allows it.
Third, Justice Sonia Sotomayor, the self-ordained “wise Latina” who believes that the law’s protection should vary according to color, ethnicity, and sexual proclivity, has improbably emerged as the successor of Ruth Bader Ginsburg as the soul of the Supreme Court they wish to create.
She reasoned that it is perfectly fine for unelected bureaucrats to ignore the constitution so long as they were doing it for the right reasons. This is exactly the line of attack that I’ve warned about in numerous previous posts. Under Sotomayor’s logic, labeling something as a public health crisis places its management outside the political sphere and in the hands of experts. It is difficult to even explain how fatal that is to our system of government. It means that if someone declares “gun violence” to be a public health crisis, the Second Amendment only exists as far as the experts allow. If “racism” is a public health crisis, Heaven knows what mischief could be worked. It isn’t hard to see “bullying” being declared a public health crisis and free speech disappearing in society much as it is in social media.
The glomming onto Sotomayor as some sort of legal guru rather than the room temperature intellect she has been known to be for decades is not shocking. All you have to do to be a legal hero on the left is kill babies. Sotomayor is certainly fine with that. The saving grace is that, for now, she is a member of a minority. Hopefully, Chief Justice Roberts will eventually see that he needs to stop currying favor with his new BFFs on the left and recall the days when he believed in something if he’s to have any influence.
Nowhere in the 1st amendment or anywhere else in the Constitution is there any language to excuse Cuomo's order to prohibit the free exercise of religion. It specifically prohibits the government from doing what Cumo attempted to do.