Independence Day 2016

Note: I posted this on my Facebook page on July 4, 2016. I neglected to post it here, but I would like to give this message a greater permanence than a passing comment on social media. Here was my message:

I AM TAKING THIS MOMENT to remember and honor what too many have forgotten: the idea that makes America unique in the history of the world. That idea -- embedded in our founding documents and defended with the blood of countless patriots -- is individualism. It is the moral principle that the individual is an end in himself, and not a sacrificial pawn of kings, dictators, legislative bodies, "majorities," or collective Society itself. And as a moral end -- not a mere means to the ends of others -- the individual has inviolate rights to his own life, and to the liberty to peacefully pursue his own happiness. Our Declaration of Independence celebrated not just an independence of colonies from another faraway country, but something far more profound: the independence of the individual from the forcible interference of others, no matter how great their number or "need."

That was the revolutionary idea underlying the American Revolution. Never before in the history of the world had that principle been recognized by any other nation or group -- which is why the history of the world is one of chronic, blood-soaked barbarism of man against man. The American conception of individual rights created the original "safe space": a moral barrier around each individual, a barrier against the force, fraud, and coercion of his fellow man. It declared him to be sovereign within that safe space, as long as he, in turn, did not use force, fraud, or coercion against others.

This idea -- even grasped and implemented imperfectly -- led to the creation of the greatest, most prosperous, most progressive (and I mean that word in its literal sense) society and economy in the history of the world. It created more opportunities for more people, higher living standards, and -- yes -- greater happiness than any society anywhere, at any time. America became a beacon of freedom and hope that beckoned to millions around the world, millions who uprooted themselves, crossed vast oceans, and came here with nothing in their pockets -- just for the chance to "make something of themselves."

America was the home of the self-made individual. It was a place where anyone could literally make and remake himself, becoming whatever he wished, without interference. All because of the principle upon which the nation was established: that the individual was a moral end in himself.

Barbaric tribalism is the default position of humanity. It is what happens quite automatically when the sovereignty of individuals is not respected and enshrined into law. Gang warfare is what happens when the social barrier to mutual exploitation -- the principle of individual rights -- is obliterated.

If we are now seeing a horrific, headlong reversion to barbarism -- abroad and here -- it's because generations of "intellectuals," chafing against legal limitations on their power over unruly individuals, have declared all-out war on the philosophy of individualism at the heart of the American project. They have looked at the achievements of individuals and proclaimed "You didn't build that!" and that "It takes a village," instead. They have glorified dictatorial philosophies and praised the thugs that imposed them on their societies. They have enabled, ignored, and rationalized inhuman savagery against millions of individuals. They have obliterated the idea that the individual is a moral end, in order to reduce him to a helpless means to their ends.

On this Independence Day, as we have fun with our friends, eat our hot dogs, and enjoy our fireworks, can we please pause to remember (if we were ever taught it) the true nature of the "independence" bequeathed to us by our ancestors? Can we grasp, if only for a single fleeting, quiet moment, the moral principle that made America distinctive, and then great? Can we soberly re-dedicate ourselves to that principle, and -- following the example of those who spilt blood for it -- vow to weave it anew into the fabric of our society and laws?

If you lack the self-esteem to do that for yourself, then do it for your spouse, or your kids. Or in memory of those heroes before us, who gave their lives, their fortunes, and their sacred honor so that their ungrateful children could enjoy lives better than their own.

How Government Created the Gay Marriage Controversy

There are many unrecognized implications of the June 2015 U.S. Supreme Court decision legalizing marriages between (among?) gay and lesbian (couples? groups?). I frame the ruling in those terms not to disparage loving relationships of any kind, but to raise a point lost in this ruling: essentially, the unintentional obliteration of "marriage" as a legal concept. Which is to me a good thing.

Like so many issues in which government (i.e., politics) is improperly involved -- education, agriculture, energy, housing, charity, etc., etc. -- the bitter, divisive social conflicts over "gay marriage" arise precisely from the very fact of government involvement in defining "marriage" in the first place. Why?

Because government -- that is, law -- is force and coercion. Government "solutions" to problems are inherently coercive impositions by some people (the politically dominant) on others (the politically subordinate). Such solutions never result in social harmony, peace, love, etc.; they only exacerbate social hostility, conflict, and division. They allow some people to "win," but only because they force others to "lose."

Force children to go to "public" (i.e., politically run) schools, and force taxpayers to pay for it? You will then pit taxpayers against each other over the content of that "education" (indoctrination), over schedules and hours, over homework, over grading systems, over teacher qualifications, over social engineering schemes (busing students all over the place to achieve racially integrated schools, etc.). over options for dissenters (home schooling, tax credits, vouchers, "magnet" schools, "charter" schools), over "reforms" (Common Core), over testing, etc. Everything concerning education becomes a political battleground...because of the conscription of children into politicized education, and the conscription of taxpayers to pick up the tab.

Put government into the agriculture business, or energy business, or auto business, or banking business, or ANY business, and what happens? You use force (the IRS extracting money from all taxpayers) to support crony businesses (e.g., politically connected ethanol agribusinesses, "green" windmill and solar panel manufacturers, GM and Chrysler, the big New York-based banks) over all their politiically unfavored competitors, who must fund, through taxes, their politically favored rivals.

Put government into the charity business -- all the programs of the welfare state -- and you undercut voluntary, private charity alternatives by sapping them of trillions of dollars of potential funds, which are taxed away from potential contributors. Simultaneously, you create what are called "moral hazards" by providing incentives for millions of people not to work or to solve their own problems, but instead to dump their endless claims of ailments, needs, wants, desires, whims ("Obamaphones"? Really?) onto their hard-working, taxpaying neighbors. Everyone resents this "spread the wealth around" process: those forced to foot the boundless bills, and those issuing endless demands of their "rights" -- i.e., their phony claims of "entitlements" against "society" (which means: their neighbors). In the redistributionist era -- as 19th century economist Frederic Bastiat famously put it -- "The state is that great fiction by which everyone tries to live at the expense of everyone else."

All of this stems from trying to use government -- law, politics, force -- to solve essentially personal or social problems. Politics invariably creates "win-lose" relationships, in which some people benefit but only at the expense of others. For every political beneficiary, there are victims. For every political winner, there are losers.

Now, let's contrast this world of politics and the "public sector" with the world of economics and the "private sector."

Imagine a world in which education were entirely privatized -- in which schools were like grocery stores, auto dealerships, bookstores, or any other private companies. No parents would be forced to put their kids into a school system they didn't like, with teachers they didn't trust, with curricula they loathed -- or to pay taxes to support such private companies. Just as you don't have to subsidize your local bookstore, grocery, or Ford dealer, you wouldn't have to pay for somebody else's school. With all the money you saved in school taxes, you could afford to send your kids instead to one of many competing private schools, with teachers you preferred, teaching courses you decided were most beneficial to your kids' futures. Or, you could homeschool them, utilizing course material from a host of competing sources, including online offerings. You would have no reason or motive to fight with politicized school boards and teachers unions over content, schedules, social-engineering fads, or anything else -- because you wouldn't be forced to be involved with any educational company except the one you freely chose. Imagine: No more wars with your neighbors and fellow taxpayers over textbooks, the teaching of Common Core or evolution or liberal propaganda or conservative propaganda, over teacher salaries and hours, over school taxes, over whether the building ought to have a new gym. You get to pick an educational company for your kids from a host of competitors, just as you pick your own car, your own grocery store, or your own TV provider. Ultimately, just as with those other companies, marketplace competition would determine which educational companies and options succeed. And unlike today's subsidized, bloated public-school monstrosities, those that succeeded would be those that offered the best educational value.

Imagine a world in which government were banned from any involvement with business -- a separation of Economics and State, for the same reasons that we have a separation of Church and State. Imagine businesses having to survive on their own, demonstrating their value to willing, paying customers in a competitive marketplace -- and not by forcibly extracting subsidies from taxpayers, via their crony relationships with politicians and bureaucrats. Imagine how much money would remain in your pocket if we shut down the Departments of Agriculture, Energy, and Housing & Urban Development (just for starters), gave pink slips to their thousands of meddling bureaucrats, and sent them off to seek productive jobs in the private sector. Would you care if somebody started a windmill firm or a bank or an auto company...if you weren't forced to subsidize or patronize it? Would you feel hostility and hatred and anger if your associations with them were not compulsory?

Imagine a world in which you got to keep vastly more of your own money -- and thus have the means and choice to fund your own preferred charities and social causes -- rather than being forced, by law, to subsidize (say) Planned Parenthood abortions, AIDS research rather than (say) cancer or Alzheimer's research, political agitation by ACORN, the politicking of environmental activist groups, the healthcare of illegal aliens streaming across unguarded borders, "voter enrollment" of those same illegals, mosquito control in Africa, typhoon relief in Bangladesh, "public broadcasting" and opera houses for upper-middle-class patrons who could easily afford to pay for their own entertainment, and on and on and on, endlessly. Americans are the most generous people in the world. But they are tired of being played for suckers, forced to fund the politically connected champions of "good causes" who get favored treatment by their friends in court. Does that mutual fleecing further social harmony, peace, love, and mutual respect?

The governmental (political) realm, run by force and coercion and taking, necessarily creates "win-lose" relationships. The economic (private) realm, run by free choice and voluntary association and trade, necessarily creates "win-win" relationships. Yet for many generations, people have been conditioned to seek coercive, political "solutions" to every social problem or personal need -- coercive, political "solutions" that only breed mutual hostility, disharmony, and hatred.

The "gay marriage" controversy is but the latest example of how social disruption has been manufactured -- not solved -- by governmental (political) involvement. The entire controversy stems from the fact that government has been involved in defining what a "marriage" is. 

But why? Why is that necessary? And what have been the consequences?

Government, as our Founders proclaimed in the Declaration of Independence, exists to "secure these rights" to life, liberty, and the pursuit of happiness. Period. Not to solve personal problems or social ills, but to protect individual rights. Not to take sides in disputes, but to be an impartial umpire.

Thus, there is a proper role for government (law) in recognizing and enforcing private contracts, and also in protecting individuals in relationships (spouses, children) from violations of their rights by other parties. But recognition and enforcement of private contracts, property arrangements, and the rights of spouses and children, do not require government (i.e., politicians and the force of law) to confer some kind of "legitimacy" on the ceremonial and symbolic aspects of a "marriage."

For all the reasons stated above, marriage should be privatized. A "marriage" should be defined and celebrated by the participants, according to whatever religious or philosophical values they ascribe to that state of long-term commitment. Politics should play no role in that determination whatsoever.

But ironically, the Supreme Court's ruling has -- unintentionally -- pointed us in that direction. Why?

Because (to paraphrase the classic line from the film "The Incredibles") if everything is a "marriage" under the law, then nothing is. The Court ruling and reasoning today opens the door not just to same-sex "marriages," but to polygamy, group marriages, and pretty much anything else. Who can now say that such arrangements are not "marriages," and on what grounds?

Liberals, wedded to governmental (read: coercive) "solutions" to all social problems, won't grasp any of this, sadly. They refuse to realize that their "solutions," rooted in seizing and wielding political power by themselves over others, cannot ever result in that woozy, utopian, John Lennon "Imagine" world of peace-and-love.

Liberals, above all, are complete captives to the zero-sum, class-and-racial warfare, tribal worldview: a social worldview of winners vs. losers, of powerful vs. powerless, of perpetual gang warfare in which each gang seeks power and advantage over its rivals. Economic ignoramuses -- who think every economic relationship is about some people taking from others -- liberals can't even conceive of peaceful, voluntary, trading relationships. They thus can only interpret free market capitalism through the distorting lens of "taking," of "exploitation."

Now, with this new Court decision, they will predictably try to use their new "marital rights" as a bludgeon against private individuals, businesses, and religious organizations that do not share their own elastic definition of "marriage." Rather than take this as an opportunity to celebrate live-and-let-live social arrangements, in which everyone can associate voluntarily as they choose, they will instead eagerly try to use the power of law to force and coerce any private, peaceful individuals who disagree with them to associate and deal with them -- to bake their wedding cakes, cater their weddings, provide venues for their ceremonies, even perform their ceremonies. Why? 

Because the main thing that "liberals" are "wedded" to is not some definition of marriage, but to their zero-sum, tribalist, coercive, us-vs.-them worldview. No, they don't really want peace and love and harmony: That's just their cover story.

They want power and control over others.

In short: Liberalism is sociopathy, masquerading as a political doctrine.

Obama, Holder, and the New McCarthyism

In the wake of George Zimmerman's acquittal of the murder of Trayvon Martin, the Attorney General of the United States, through his underlings at the Department of "Justice," is appealing to the general public to supply the federal government with "tips," i.e., dirt, on a private citizen--and is now enlisting private political gangs to help them in this witch hunt:

Barbara Arnwine, president and executive director the Lawyers' Committee for Civil Rights Under Law – who earlier in the day joined calls for federal civil rights charges against Zimmerman, said that later in the afternoon, she joined a U.S. Department of Justice conference call to discuss the prospects.

“They were calling on us to actively refer anyone who had any information," that might build a case against Zimmerman for either a civil rights violation or a hate crime, Arnwine said. "They said they would very aggressively investigate this case."

Arnwine said the call was convened at about 3:30 p.m. by Tom Perez, Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, and included representatives from the FBI, and several federal prosecutors, she said. DOJ officials also said they would open a public email address so people could send in tips on the case....[I refuse to publish that email address here.]

In addition to Arnwine’s group, Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund; Laura Murphy, Washington Chapter head of the ACLU; and several national, Florida and Sanford-based 'human relations' groups participated, Arnwine said.

Ladies and gentlemen, this is the last straw.

America is a nation where every individual is supposed to be presumed innocent until proven guilty, under the rule of law. For purely political reasons, George Zimmerman was dragged into court on flimsy evidence, but then acquitted by a jury of any crime.

But that is not enough for the gangsters of this regime. They won't let a little thing like the verdict of a jury be the last word.

So the highest law enforcement official of the United States, acting at the behest of his boss in the Oval Office, is now leading a full-blown witch hunt about the private life and views of an individual citizen--and enlisting a gang of private political cronies and allies to assist them, in order to railroad that same individual behind bars for the "crime" of--are you ready?--"hate."

Let's get this straight. Hatred is an attitude...a frame of mind...an emotion based on certain ideas. Hate may or may not be justified, depending on the circumstances. A victim of a heinous crime or a despotic regime, for example, may be fully justified for feeling hatred. It would be a just, though certainly not pleasant, emotional response to mistreatment.

But to convict a person of "hate crimes" is a variation of George Orwell's totalitarian concept in 1984 of thought crimes: of punishing an individual, not for criminal actions, but for merely holding ideas and emotions that are offensive to the political regime in power.

In short, the Attorney General and his boss have just declared open war on the First Amendment of the U.S. Constitution, as well as on the privacy protections afforded by the Fifth Amendment. Moreover, they are encouraging a witch hunt by private citizens against a fellow private citizen: encouraging people to go spying and reporting to the government about a political target.

Before anyone replies that a "hate crime" must also be an actual crime, and that the "hate" is only its motive, let me point out that in Zimmerman's case, he was exonerated of any underlying crime which could be motivated by "hate," or by anything else. Thus, persecuting Zimmerman for an alleged "hate crime," when no crime exists, can only mean that he is being targeted for his presumed motive alone. In other words, for a "Thought Crime," a la Orwell's 1984.

Please forget the name George Zimmerman for a moment, and whatever your opinion of the man may be. Consider only the principles at stake. To do that, put yourself in the shoes of such a targeted individual.

How would you feel if you became the target of the enormously powerful federal government, which insisted on continuing to persecute you for something, anything, such as your thoughts and emotions, even after you were exonerated in a court of law of the alleged crimes?

How would you feel if hundreds of armed apparatchiks from the FBI and other police agencies were dispatched after the trial to continue to hound you, under orders of the chief law officer of the land?

How would you feel if he, acting under orders of his boss in the White House, dispatched investigators around your neighborhood, digging into your past, perhaps looking into your emails and social media (there are precedents), soliciting any idle rumors and unprovable claims about your attitudes, ideas, and temperament from everyone you know now or had ever known; from old lovers or spouses who might bear some grudge against you; from any past employer you ever argued with or who may have fired you; from any casual acquaintance who might want his 15 minutes of celebrity fame on an MSNBC show hosted by the likes of Al Sharpton, or perhaps in exchange for the promise of some government reward...at your expense?

My friends, this is goon squad stuff, right out of the playbooks of Nazi Germany, Soviet Russia, Communist China, and North Korea. In a nation supposed to be distinguished from such dictatorships by our Bill of Rights, the contemptible Obama Regime is establishing the horrifying precedent of targeting enemies, then soliciting neighbors to spy and report on them.

And this sickening witch hunt is being led by the same "liberals" who endlessly, self-righteously preach against the dangers of "McCarthyism." Perhaps the most grotesque symbol of hypocrisy is the fact that one of the groups participating in this witch hunt is the Washington chapter of the ACLU--the self-proclaimed "liberal" champion of the Bill of Rights.

I have said that there is no bottom to the depths to which this power-lusting group of sanctimonious gangsters won't sink. Every day they prove me right by descending to yet a lower rung. But this is the lowest yet...and the most dangerous.

The Obama Regime is loaded with nothing but wannabe despots, starting right at the top. We have already seen how far these people are willing to go, with the scandals of the IRS, EPA, SEC, NSA, and many other agencies. They have zero respect for the rule of law and contempt for the Constitution and the Bill of Rights, which they regard rightly as impediments to their quest for boundless, unending power over the rest of us.

If we continue to perpetuate them in office after the next election, we as a nation deserve the complete destruction and chaos toward which we are rapidly sinking.

Meanwhile, though, we need to SPEAK UP against this outrageous new step toward totalitarianism. Please link to this message on your social media, and to the Orlando Sentinel report. This ugly precedent must be stopped dead in its tracks, now...or you and I will not recognize this nation in another year.

U.S. CONSTITUTION, R.I.P.

With this morning's 5-4 U.S. Supreme Court decision upholding Obamacare's "individual mandate," which will compel people to buy a product under threat of a tax penalty from the federal government, the U.S. Constitution is now essentially dead as a bulwark against incursions on individual liberty.

This is especially true when considered in the wake of the Court's much earlier 5-4 "Kelo" decision, which permits local governments to claim "eminent domain" as an excuse to seize private property from some individuals and transfer it to other private individuals (political cronies).

If the U.S. Constitution can be construed so as to permit government to force you -- under penalty of law -- to buy designated products from crony-capitalist companies, or allow it to simply take your private property and hand it over to politically connected cronies, then the Bill of Rights is a dead letter. Any way you cut it, today's ruling affirms the premise of collectivism over the rights of individuals. In essence, it says that the government, through legislatures, is in principle unconstrained in its power over the individual.

That this latest ruling was made possible only with the complicity of a pragmatic judicial "conservative," Chief Justice John Roberts, only underscores the philosophical chaos reigning in the nation today. It is so symbolic that the Court's left was united in their support of the mandate, but that the conservatives were philosophically fractured: That, in a microcosm, has been the case throughout our modern political history, which is why we see steady, inexorable triumphs by the political left.

I said before this morning's decision that the Court was likely to "split the difference" between conservatives and liberals in their decision. I was too optimistic: This decision was a complete surrender to the united far left of Court. The reason is this: Conservatism has never been a coherent political philosophy, rooted in a defined, consistent set of principles. There are as many varieties of "conservatives" as there are vegetables in a supermarket. Without any definite grounding in specific principles, conservatives in practice typically wind up compromising and "splitting the difference" with the left...which is committed to a specific principle: to the subordination of the individual to the state. Statism is the uncompromising principle of the left; statism is the principle underlying the "individual mandate"; and statism is the principle which Chief Justice Roberts joined the Court's liberals in championing today. (See my award-winning essay "Up from Conservatism.")

The only thing that could have spared America this sorry day would have been a commitment by a Court majority to the premise of individual rights: to the view that individuals are ends in themselves -- not mere means to the ends of some tribal collective, ends imposed by the brute power of the state. That was the Enlightenment view held by our nation's Founders, and by the Framers of the Constitution, who intended that document to be a barrier to the unlimited exercise of power by the state over individuals. Well, that view, and that document, have been obliterated today.

Do we still have liberties that we can exercise? Yes, in many respects, but only by sufferance of our rulers and by the accidents of the political process -- and no longer by legal right. The only thing that we can do now is to fight endless political and legislative battles for supremacy over the statists, but unsupported by the legal framework and precedents bequeathed to us by our forefathers.

We can begin those battles in earnest this November.

UPDATE. After having a day to peruse many commentaries about the decision, I wanted to add this about the legal travesty that just occurred.

During the legislative debate, Obama and the Dems explicitly denied that the individual mandate penalty in Obamacare was a "tax." They always referred to it as a "penalty" and a "fine." They knew that, politically, passing a giant "tax" on the middle class would be suicidal. And in fact, they never used that term anywhere in the bill.

Moreover, on the first day of oral arguments before the Supreme Court, the government lawyer, the Solicitor General, also denied that it was "a tax" under the Commerce Clause. Why? Because on legal grounds, if it was a tax under the Commerce Clause, it would run afoul of another federal law: the Anti-Injunction Act. That Act would render such a tax illegal, and therefore, Obamacare would have to be rejected as unconstitutional.

But...on the second day of the hearing, the government was also permitted to argue that it was "a tax" -- under the "taxing power" clause of the Constitution. In other words, the government was allowed to argue, simultaneously, that the "fine" was not a tax, but also that it was a tax!

In his Supreme Court opinion, Chief Justice Roberts discarded all those facts. Even though the Congress that passed Obamacare had explicitly, repeatedly denied that the fine was "a tax," and Obama (who signed it) explicitly, repeatedly denied it was a tax, Roberts arbitrarily seized upon the cynical last-minute argument from a government lawyer that it was a "tax" in order to rule that Obamacare's individual mandate was permitted under the Constitution.

Here is what Roberts actually wrote: "Under [my] theory, the mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning income."

"THEORY"???

That the federal government could tax inactivity?

This is the same John Roberts who -- earlier in his same opinion -- wrote: "The Framers gave Congress the power to regulate commerce, not to compel it, and for over 200 years both our decisions and Congress's actions have reflected this understanding."

So, like the government attorneys, Roberts also was arguing out of both sides of his pen. He argues that government has no power to "compel " commerce with a "fine"; yet a few pages later, he says the government has the power to do exactly that: force people to engage in "commerce" (buy insurance) or else be hit with a whopping fine (which he arbitrarily calls a "tax").

This was a breathtaking, completely unjustified, fraudulent stretch of law and logic that nobody anticipated. And Roberts's "reasoning" incensed the four dissenting Justices, as a potent Wall Street Journal editorial points out:

In their brutal (and, in a rarity, jointly signed) dissent, Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito write that the Chief Justice's logic "is not to interpret the statute but to rewrite it.... One would expect this Court to demand more than fly-by-night briefing and argument before deciding a difficult constitutional question of first impression." They score the Chief Justice for carrying 'verbal wizardry too far, deep into the forbidden land of the sophists."

In other words, as Rush Limbaugh put it, "the whole thing is a fraud." Trickery was used at every turn to push Obamacare through Congress; fraud was now used to uphold it in the Supreme Court.

And no less a figure than the Chief Justice of the U.S. Supreme Court has made the fraud possible.

The U.S. Constitution has been left in tatters. In Limbaugh's term, no longer is there a legal "backstop" to protect individual rights. If courts can simply invent, out of cloth, language and arguments that don't even appear in the laws they are adjudicating, and if those laws can swipe and transfer property, or compel you to buy government-mandated products, with no legal recourse or Bill of Rights protections, then the Constitution is -- just as I said -- truly a dead letter as a limitation on governmental power over the individual.

UPDATE #2: Chief Justice Roberts actually was AGAINST the individual mandate before he was FOR it, according to reporting by CBS. Along the way, he changed his mind, sources tell CBS, because he was worried about "public opinion" -- meaning: what politicians and the media would think of him and the Court. Read this and weep. Specifically, this is truly sickening:

"Over the next six weeks, as Roberts began to craft the decision striking down the mandate, the external pressure began to grow. Roberts almost certainly was aware of it.

"Some of the conservatives, such as Justice Clarence Thomas, deliberately avoid news articles on the Court when issues are pending (and avoid some publications altogether, such as The New York Times). They’ve explained that they don’t want to be influenced by outside opinion or feel pressure from outlets that are perceived as liberal.

"But Roberts pays attention to media coverage. As Chief Justice, he is keenly aware of his leadership role on the Court, and he also is sensitive to how the Court is perceived by the public.

"There were countless news articles in May warning of damage to the Court – and to Roberts’ reputation – if the Court were to strike down the mandate. Leading politicians, including the President himself, had expressed confidence the mandate would be upheld.

"Some even suggested that if Roberts struck down the mandate, it would prove he had been deceitful during his confirmation hearings, when he explained a philosophy of judicial restraint.

"It was around this time that it also became clear to the conservative justices that Roberts was, as one put it, “wobbly,” the sources said.

"It is not known why Roberts changed his view on the mandate and decided to uphold the law. At least one conservative justice tried to get him to explain it, but was unsatisfied with the response, according to a source with knowledge of the conversation....

"Roberts then engaged in his own lobbying effort – trying to persuade at least Justice Kennedy to join his decision so the Court would appear more united in the case. There was a fair amount of give-and-take with Kennedy and other justices, the sources said. One justice, a source said, described it as 'arm-twisting'....

"The fact that the joint dissent [by the conservative Justices] doesn’t mention Roberts’ majority [opinion] was not a sign of sloppiness, the sources said, but instead was a signal the conservatives no longer wished to engage in debate with him."

Folks, what Roberts did is the complete antithesis of the rule of law -- the premise that we should be a nation "of laws, not of men." The "absolute" governing his ruling was not his oath of office "to preserve, protect, and defend the Constitution of the United States," but public opinion.

But if public opinion is to govern the nation without limit, then why bother having a Constitution or a Supreme Court at all? In pandering to public opinion, Roberts achieved precisely the opposite of his apparent goal: He has delegitimized the reputation of the Supreme Court.