RUTHFULLY YOURS

https://www.nationalreview.com/2018/06/janus-case-free-speech-wins-supreme-court-again/

In Janus v. AFSCME, the court struck a strong blow against government-compelled speech for the third time this term.

Perhaps the worst government affront to the rights of conscience, far worse than mere censorship, is compelled speech, the practice of forcing Americans to fund or express ideas they find abhorrent. It’s one thing to tell a man or woman that they can’t speak. It’s another thing entirely to compel them to use their voice, their artistic talents, or their pocketbook in support of a cultural, political, or religious enterprise with which they disagree.

Yet that’s exactly what the state of Colorado tried to do in punishing Christian baker Jack Phillips for refusing to use his artistic talents in the service of a gay-marriage ceremony. That’s exactly what the state of California tried to do in legally mandating that pro-life pregnancy centers advertise for free abortions. And that’s exactly what the state of Illinois tried to do in requiring non-union public employees to fund union activities.

Today, the Supreme Court released its decision in the last of these cases, Janus v. State, County, and Municipal Employees. At issue was an Illinois law that forced state employees to subsidize public-employee unions, “even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities.” Illinois required these employees to pay a so-called agency fee that funded (among other things) collective bargaining, lobbying, social activities, membership meetings, and litigation.

Many of those items directly impact key and contentious elements of public policy, matters of public concern. And public employees themselves have widely divergent opinions. Yet they were all forced to fund the same point of view. Justice Alito, writing for the majority, spoke clearly:

When speech is compelled, however, additional damage is done. In that situation, individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning, and for this reason, one of our landmark free speech cases said that a law commanding “involuntary affirmation” of objected-to beliefs would require “even more immediate and urgent grounds” than a law demanding silence.

https://www.wsj.com/articles/the-court-after-kennedy-1530142949

Anthony Kennedy acted in the best interests of the Supreme Court and his own legacy Wednesday by deciding to step down after 30 years as an Associate Justice. The fight to replace him was always going to be titanic, and by retiring on July 31 he gives a Republican President and Senate an opening to nominate and confirm a replacement with the best chance of keeping the Court tethered to the Constitution.

The raw political reality is that Democrats will refuse to confirm any nominee likely to be chosen by Donald Trump if they win Senate control in November. They are still furious that Senate Republicans refused to confirm Merrick Garland in 2016 after the death of Antonin Scalia, and the political left would insist that they return the favor through 2020, and 2024 if they have to.

That could leave the Court with eight Justices for as long as three years or more, with a 4-4 ideological split on many contentious issues. The Court now has a chance for a full complement again by the start of its October term. The 81-year-old Justice Kennedy has done right by the country and the Court.

A Republican nominee also offers the best chance to sustain Justice Kennedy’s legacy, despite the fear and loathing you hear on the left. Democrats are already predicting the demise of abortion rights, the end of gay marriage, and no doubt we’ll be hearing about the revival of Dred Scott before the confirmation hearings on Justice Kennedy’s replacement are over. But that overlooks the entirety of Justice Kennedy’s jurisprudence, which is far richer than the cultural cases like Planned Parenthood v. Casey and Obergefell v. Hodges for which he is celebrated on the left.

https://www.wsj.com/articles/the-rule-of-law-prevails-in-the-travel-ban-case-1530139894

The judicial “resistance” to President Trump suffered a well-deserved defeat in the Supreme Court’s “travel ban” ruling, Trump v. Hawaii. At issue was Mr. Trump’s order limiting entry to the U.S. of nationals from eight (now seven) countries that are unwilling or unable to cooperate sufficiently in U.S. antiterrorist screening efforts. The plaintiffs challenged the order on several grounds, arguing that it exceeded the president’s authority and was animated by anti-Muslim bias, violating the First Amendment. (Six of the eight covered countries are mostly Muslim.) The court upheld Mr. Trump’s order 5-4.

Whatever one thinks of the travel ban as policy, the ruling is an important victory for the rule of law. Federal trial and appellate courts have persistently enjoined Mr. Trump’s orders, defying clear Supreme Court precedent supporting his power to limit the entry of aliens. The decision has removed all doubt that the president’s orders are lawful under both the Immigration and Nationality Act and the Constitution.

The justices made short work of the plaintiffs’ statutory claims, affirming that the Immigration and Nationality Act’s plain language gives the president the power to deny “any aliens or any class of aliens” entry to the U.S. whenever he finds that letting them in “would be detrimental” to U.S. interests. This provision, Chief Justice John Roberts wrote, “exudes deference to the President in every clause.” Mr. Trump’s proclamation, the justices concluded, was “well within this comprehensive delegation.” The court also concluded that a “searching inquiry” into the president’s justifications for the order, such as the lower courts in this case conducted, is inconsistent with both the statute and “the deference traditionally accorded the President in this sphere”—namely “international affairs and national security.”