…..But things are significantly more hopeful at the close of this week. In case you haven’t been paying attention, June 30 will be the close of the 2013 session of the United States Supreme Court. This blog was inaugurated last year with an entry concerning the Hollingsworth and Windsor cases, two decisions which by all accounts were poorly reasoned and continue to shake the foundations of our society.
I like to think that the best case scenario for the Court is that the Justices are capable of looking past ideologies. Don’t discount this. How’s Congress doing with that? Or the President?
I think that even Sotomayor and Kagan, can, possibly, be convinced by convincing argument. I suspect that, behind closed doors, books and articles are sometimes exchanged. Old cases are dusted off. Ideas are shared. Among nine undeniably brilliant individuals, perhaps reason still holds sway.
The most recent “big ticket” decisions might be an “exhibit” to this belief. This week we’ve seen unanimous decisions: no illegal search and seizure of cell phones if you get arrested; law enforcement needs a warrant. The Senate is in recess when it says it’s in recess. And setting up “buffer zones” around abortuaries is a violation of the First Amendment.
On Monday, we will see whether reason prevails again on the question of religious liberty and the HHS Contraceptive Mandate. This is the big one of the year, in my opinion. Pray extra hard on this one, because despite some renewed hope, I don’t think we’re going to see a unanimous opinion, and I think it could easily be 5-4 (or [shudder], 6-3) against. I’d love to be wrong.