SCOTUS Rulings: Victory with Vigilance


Just before adjourning for the session, The Supreme Court of the United States delivered another blow to an administration whose government overreach has not only trampled on citizens’ rights but violated the laws of our nation.

Hobby Lobby and Conestoga Wood Specialties shouldered a lawsuit that won a validation for the First Amendment and religious liberty. The ruling comes on the heels of another recent decision where President Obama was rebuked for unconstitutional recess appointments in 2012. As Senators Mike Lee (Utah) and Ted Cruz (Texas) pointed out last week, these overreaches are not anomalies. They are part of a long list of encroachments, which the Supreme Court has tried to curtail.

“Not every case in which the president has exceeded his authority has made it all the way to the Supreme Court,” Lee, a former law clerk to Justice Samuel Alito, told National Review Online. “The fact that his track record is as bad as it is in the Supreme Court . . . is yet another indication of the fact that we’ve got a president who is playing fast and loose with the Constitution.”

Senator Ted Cruz (R., Texas), in arguing that Obama is “lawless,” has kept a tally of the president’s unanimous defeats.  ”This marks the twelfth time since January 2012 that the Supreme Court has unanimously rejected the Obama administration’s calls for greater federal executive power,” he pointed out after the release of the recess-appointments ruling.

Cruz issued a report on Obama’s unanimous defeats when the total sat at nine. “If the Department of Justice had won these cases, the federal government would be able to electronically track all of our movements, fine us without a fair hearing, dictate who churches choose as ministers, displace state laws based on the president’s whims, bring debilitating lawsuits against individuals based on events that occurred years ago, and destroy a person’s private property without just compensation,” Cruz wrote in April 2013.” [1]

In his letter to Edward Carrington in 1788, Thomas Jefferson penned a stern warning: “The natural progress of things is for liberty to yield, and government to gain ground.” [2] Sadly, this natural tendency has been expedited by a rogue Administration that has no regard for the Constitution or checks and balance within our three branches of government.

It seems the latest rulings have only emboldened President Obama to take further unilateral action.

“I would greatly prefer Congress actually do something. I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing,” Mr. Obama said Monday in the Rose Garden of the White House. “And in this situation the failure of House Republicans to pass a darn bill is bad for security, it’s bad for our economy, and it’s bad for our future.”

Mr. Obama intends to direct Secretary of Homeland Security (DHS) Jeh Johnson and Attorney General Eric Holder to move “available and appropriate enforcement resources” from the interior of the country down to the southern border…

Mr. Obama has also requested recommendations for additional steps he can take without congressional action, but within the bounds of his existing authorities, to fix parts of the immigration system. He will still push for comprehensive legislation, the official said, but no longer adopt the posture of waiting for Congress to act.” [3]

The price of liberty is eternal vigilance. This victory against Obamacare gives us hope, but securing freedom is a lifestyle, not an event. President Obama’s rogue administration has provided us with many reasons to remain engaged, and America’s freedom is at stake.