Justice Kagan’s tribute to uniformity surely was just situational ethics at work. Uniformity and consistency would be abandoned if she were judging the propriety of President Obama’s latest decision to ignore the clear text of the Obamacare law about the March 31 enrollment deadline. Or judging his “prosecutorial discretion” that allows a million people to remain in the country illegally and be given work permits.
But for one brief shining moment, there was a dent in the armor of political correctness when a champion of diversity like Justice Kagan spoke out against it.
Actually, there was a prior occasion when Justice Kagan did so. Speaking at a synagogue during 2012’s Hanukkah, she commented, “there are a lot of ways the court is not very diverse,” including “there are four of us from New York City,” they come from a limited pool of law schools, and three justices are Jewish and six are Catholic.
That explains a lot about many Supreme Court decisions.
That also will make it interesting when the next set of challenges to Obamacare’s contraception mandate reach the Supreme Court. Unlike the Hobby Lobby case that involves a business, the next batch of challenges come from dozens of Catholic hospitals, schools and institutions. Those include the University of Notre Dame and the Little Sisters of the Poor.
For now, the Obama administration tries to hide its hostility toward religion by pretending it’s only displaying hostility toward that nasty old profit motive. But when the Catholic cases reach the high court, Obama’s true colors on religion will become clearer. The arguments by Obama’s lawyers then will illustrate his philosophy, namely that separation of church and state to him means that as the state expands, religion must shrink.
This is why the Vatican’s chief justice, Cardinal Raymond Burke, accuses President Obama of being hostile toward Christianity.
On Thursday, President Obama is scheduled to meet with Pope Francis. President Obama should be grateful that the pope is noted for being kind.
Former Congressman Istook’s daily talk show is heard on The Washington Times’ Radio Network. Sign up for his free newsletter at eepurl.com/JPojD.