Facts You Must Know About 3 Important Supreme Court Decisions
“It’s not a normal court.”
It’s as if President Biden hoped by saying that it would somehow be true.
He reacted to three recent US Supreme Court decisions that didn’t go how he hoped. Mainstream media joined in with their self-important, whining assessment of these rulings.
Here’s what’s got everyone on the left in a tizzy. Wise and measured decisions were handed down in late June to favor religious freedom for businesses, end the racist effects of affirmative action and stifle Biden’s ludicrous, utterly unconstitutional student loan bailout scheme.
These rulings were – in a word…normal.
Remember, the highest court in the land is not there to push through one agenda or another – they are there to weigh cases against our nation’s Constitution. When activist judges hold a majority, the left rejoices, and conservatives must swallow those decisions. Now that conservatives focused on the constitutionality of matters are in the majority – it’s suddenly unfair.
The hope, it seems, is that by deeming these rulings somehow abnormal, it builds the case for packing the court to regain an ideological advantage for the left.
It’s simple – when the court has a liberal bias, it is okey dokey, but when judges do their job by measuring their decisions against the Constitution – which is their job – it’s no longer acceptable. In the press and left-leaning politics, they claim the justices have “lost their credibility” and the court must be upended.
We get it. Those of us who love America and hold to traditional values are none-too-happy about losing the White House to a far-left activist like its current occupant. With that administration, we’ve had outrageous inflation, shame on the international stage, unaffordable housing and gas.
We don’t think that’s normal.
Cutting through the tearful rants and untruths from media influencers, politicians, and activists, here are facts you must know about the three important Supreme Court rulings from last week.
Affirmative Action – Using Racism to Fight Racism
It all began when the Republican Party initiated the 14th Amendment in 1866, hoping to ensure that all US-born individuals would enjoy equal rights as citizens. This was intended to bolster the position and opportunities of newly freed slaves. Various unconstitutional “black codes” and Jim Crow Laws violated its tenets seeking to curtail the rights of black citizens – but were finally litigated and removed from society.
“Affirmative action” was bandied about in 1935 in the Wagner Act, enacted to help union workers. The term had no racial connection until Affirmative Action was named in an executive order from President Kennedy primarily aimed at the hiring of contractors which would “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.” 1
This program has been part of the furniture in America since 1961. One could reasonably argue that through the years, it has provided some needed opportunities in employment, admission to schools, and other changes for minority citizens during the heated civil rights struggle as the country shed another layer of inequality that hampered certain groups. Ultimately, though, the Constitution never affirmed the idea of any race-based preferential treatment.
Fast forward to 2023. The same affirmative action that sought to help – now kept qualified Asian Americans out of Harvard and the University of North Carolina. This misuse of the well-intended concept outlived its usefulness. SCOTUS clearly identified it as unconstitutional – citing specifically the Equal Protection Clause of the 14th Amendment.
Ultimately, the Court decided that according to our Constitution, using racism to fight racism is a no-go in America.
Victory for Religious Freedom in Business
This was all about a business from Colorado, 303 Creative LLC, and web designer Lorie Davis who declined to create a website for a same-sex wedding.
Those who opposed her claimed that she was denying service based on discrimination; however, she had freely served homosexual clients in the past. The difference was the sacred rite of marriage. It simply violated her religious convictions to create a website. The couple wasn’t denied the ability to get a website designed by one of the likely hundreds of options available in Denver, so this was all about compelling speech.
Will the decision have ripple effects around the country? Alliance Defending Freedom is currently representing Queen of Heaven Catholic Bookstore in Jacksonville, Florida, whose owner found herself at odds with the city’s mandated non-discrimination laws surrounding sexual orientation and gender identity. Owner Christie DeTrude has never denied service to anyone but believes in the biblical view of marriage and sexuality. For that reason, she declines to use preferred pronouns. She respectfully addresses her customers according to her understanding of biblical truth on the matter.
Not okay in that liberal city planning to force DeTrude and her staff to buckle to their demands forcing the use of preferred pronouns or facing unlimited and ongoing fines compounding until they comply. 2
One must wonder if 303 Creative LLC v. Elenis will be enough to tip the scales in their favor. We hope so.
As a writer, I was particularly interested in 303 Creative’s case. Might someone one day force me to write an article that goes against my long-held beliefs? Could I be sued if I refused to write in favor of medical gender transitions for kids?
Remember the rabid activists who harassed Colorado baker Jack Phillips, attempting to force him to create a wedding cake for a same-sex ceremony? Again, he served all sorts of clients in his shop. He didn’t want to participate in a ceremony that contradicted his beliefs about the sacred institution of marriage. He won his case but has been dragged into court repeatedly over a decade in an attempt by the LGBTQ community in Colorado to crush his business once and for all.
We can all be thankful that the Supreme Court ruled in favor of 303 Creative. This precedent will hopefully add a layer of protection for business owners like Lorie, Christie, Jack, and me.
Student Loan Bailout Scheme Sunk by the Constitution
It looked a little shady from the beginning, right? Maybe even a lot shady?
Does the President have the power to forgive billions of dollars of student loan debt with a wave of his hand? Our President seemed to think he did, claiming the justices’ “misinterpreted the Constitution” when they put the kibosh on the outrageous scheme.
This one was pretty easy, though. The President doesn’t hold the purse strings that would allow him to forgive 400 billion in student loan debt. That is the job of lawmakers – specifically the House of Representatives.
As a mom with two daughters who would’ve directly benefitted from Biden’s bailout, we must admit that this would be paid for ultimately by tax-paying Americans – including those who didn’t go to college – and others who went but already paid their debt. It’s not right.
Some have suggested that the highly publicized giveaway was a ploy to lure young voters to vote for Democrats. Maybe so.
Whatever the motive, the Supreme Court said, “No.”
This highest Court in our nation – a full third of our balance of power – serving alongside its counterparts, the Executive and the Legislative branches is vital to the health, prosperity, and survival of the US. They must check the power of both other branches, weighing each question and case posed against the ultimate law of the land: The American Constitution.
From our perspective, these opinions were well-reasoned and in keeping with our national values. The Constitution was upheld in a courageous and sober fashion.
No matter who cries, complains, or accuses, it all seemed pretty normal from our vantage point.
Take Action: Go deeper with the Constitution by joining our free Biblical Citizenship Summer Bootcamp. It’s an opportunity to learn more about what it means to be a patriot while facing today’s cultural challenges. Get connected with other like-minded moms by joining a Moms for America Group or Cottage Meeting and learn how to get involved in your community with our Empower Moms initiative.