The Patriot Post® · A Supreme Win for First Freedoms

By Gary Bauer ·
https://patriotpost.us/opinion/98531-a-supreme-win-for-first-freedoms-2023-07-03

It was a good day at the Supreme Court Friday for free speech, religious liberty and the rule of law. The justices handed down their last major decisions for this term and the conservative majority held firm.

The first case involved Lorie Smith, a Christian web designer in Colorado who specializes in creating websites for wedding announcements. But as a devout Christian, Smith did not want to be forced to create websites for same-sex weddings that violated her faith.

Smith wanted to post a notice making it clear that she would gladly refer homosexual couples to other web designers. But the state of Colorado was threatening to fine Smith for merely posting such a notice.

If this sounds familiar, it should. It’s similar to the case brought by Christian baker Jack Phillips several years ago. But the Supreme Court punted in Phillips’s case and largely avoided the fundamental issues at stake.

Friday, however, the justices ruled 6-to-3 that Smith could not be compelled to violate her conscience. Writing for the majority, Justice Neil Gorsuch declared:

“The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy. In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance…

"The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands. Colorado cannot deny that promise consistent with the First Amendment.”

This case could be critical in the fight against the left’s transgender insanity. Michigan Democrats just voted to make “misgendering” someone a felony punishable by five years in jail and a $10,000 fine.

In other words, you MUST lie and call a man a “woman” or the state will jail you and bankrupt you.

To appreciate just how crucial this victory is, read this column by constitutional law Professor Jonathan Turley. He notes that the majority decision against Smith by the 10th Circuit Court of Appeals declared that Colorado’s Anti-Discrimination Act was all about “eliminating ideas.”

As we’ve warned for years now, that’s the whole point behind the left’s invention of “hate speech.” The left doesn’t want a debate. It wants to shut down debate. It wants to make normal conservative ideas unspeakable. It wants to eliminate ideas, especially conservative ones!

The Rule Of Law Prevails

The Supreme Court’s final decision involved Joe Biden’s student loan scheme.

You’ll recall that Biden made a major campaign promise to forgive $20,000 of student loan debt. Congress never approved such a plan. Then-Speaker Nancy Pelosi said Biden didn’t have the authority to do it on his own, and only Congress could appropriate the necessary funds.

Well, Biden’s bureaucrats got creative. They decided that the COVID pandemic emergency allowed them to use the post-9/11 HEROES Act to forgive student loan debt. But the HEROES Act was meant to offer relief to troops in combat by making certain “modifications” to their student loans.

Friday, the justices reminded the president of Pelosi’s admonition, and ruled 6-to-3 that Biden’s $400 billion student loan scheme was an unconstitutional power grab that far exceeded his authority and required congressional authorization.

For the record, the Republican-led House and the Democrat-controlled Senate specifically voted this year to reject Biden’s student loan scheme, precisely because it was such an unprecedented power grab.

Remember how Democrats howled in outrage when Donald Trump declared a national emergency to reallocate a few billion dollars from various government accounts (military construction and drug interdiction) for the border wall?

Well, Biden was trying to claim $400 billion that was never allocated at all. This was a serious violation of the separation of powers and a gross abuse of power!

The Trump Court

Once again, the nation owes a huge debt of gratitude to Donald Trump. No modern president has had such an impact on the Supreme Court as Trump. He appointed more justices than any president since Ronald Reagan, and, most importantly, he changed the ideological balance of the court.

And it’s the gift that keeps on giving! It has given us critical victories on religious liberty. It got rid of Roe v. Wade. And it stopped Biden’s unconstitutional power grabs on climate change and student loans.

Predictably, the left is apoplectic and is doing everything it can to intimidate and undermine the Supreme Court. During an MSNBC interview Thursday, Biden actually admitted it. Consider this exchange:

BIDEN: “I think, maybe it’s just the optimist in me, I think that some of the [justices] are beginning to realize their legitimacy is being questioned in ways it hadn’t been questioned in the past. And I think there’s a concern on some, maybe even the Chief Justice…”

WALLACE: “Well, in the independent legislatures decision, it looks like maybe Roberts had that in mind.”

BIDEN: “I don’t know that. But that’s what I’m hoping. The optimist hopes so.”

Why are there questions about the court’s legitimacy? Because Biden and his left-wing allies are constantly saying vicious things about the justices and threatening to pack the court.

Their goal is to intimidate the justices into submission, just like the left is trying to intimidate parents and pro-life activists. That’s why Merrick Garland didn’t arrest demonstrators outside the justices homes even after an assassin was caught trying to kill Justice Kavanaugh.

Good News

  • The Fifth Circuit Court of Appeals ruled that Black Lives Matter leaders and organizers can be sued by police officers for injuries they sustained during violent BLM protests.
  • The North Carolina Supreme Court reinstated voter ID laws.
  • The marketing geniuses responsible for Bud Light’s Dylan Mulvaney meltdown are reportedly unemployed.
  • Disney has lost nearly $900 million on its last eight films. Clearly, the woke agenda and progressive pontificating aren’t paying dividends for the House of Mouse.
  • The National Hockey League dropped its requirement that teams wear so-called “Pride” jerseys.
  • Google dropped its sponsorship of a drag queen show featuring “Peaches Christ” after Christian employees at Google spoke out in protest. Activism matters!
  • Speaking of activism, there’s been a 40% drop in corporate talk about “Pride” this year, the first decline in five years. Your voice is being heard!