I know that many readers remain very angry with Chief Justice John Roberts Obamacare decision of last summer and now add to their list of grievances against the Chief the failure to get a hearing for Prop 8.
There is always at least a second way to view SCOTUS decisions, and usually many more. On Friday I discussed the Chief Justice’s decisions with the New York Times’ Adam Liptak, who had written about the Chief’s “long game” in an article for the paper that day. (The transcript of our conversation is here, and the article is here. The link for Liptak’s new eBook on the marriage cases is here.)
When the Hobby Lobby case or one of its many cousins reaches the Supreme Court, probably in the 2013-2014 term, then and only then will the Obamacare decision be fully understood, and understanding the Prop 8 standing decision –in which Justice Scalia joined is even farther away from understanding.
For another take on the significance of the marriage cases –and that courts are deciding such matters at all– see my conversation from Friday’s Hillsdale Dialogue with Dr. Larry Arnn, president of that college, on those cases in the context of Aristotle’s The Politics, the transcript of which is here. All of the Friday Hillsdale Dialogues can be heard here, beginning with our first conversation on the Iliad in January. This Friday we will take a break from our somewhat chronological review of the great texts of the West to consider the political philosophy of Lincoln.