The Supreme Court Can End the Persecution of Religiously Traditional Small-Business Owners. But Will It?

In a case nearly identical to that of the Colorado baker Jack Phillips, Oregon’s Board of Labor and Industries imposed a $135,000 fine on the proprietors of a bakery for declining to provide a cake for a lesbian wedding. Yesterday, the Supreme Court temporarily spared the bakery owners the fine—which threatened to put them out of business—and sent the case back to the lower courts that had initially upheld it. David Harsanyi hopes that in the future in the Supreme Court will take a less ambiguous stance on such cases:

[M]ainstream news outlets like to report that Phillips refused “to bake a wedding cake” or denied a gay couple “service.” Phillips, however, didn’t query his customers about their sexual preferences or their preferred pronouns; nor did he bar anyone from purchasing any products made in his shop, a place of public accommodation. No, Colorado had attempted to compel a citizen to say something he didn’t believe.

After years of fiscal and personal struggles, Phillips finally prevailed, but only because of a narrow Supreme Court decision that found that [Colorado’s Civil Rights Commission, which first took action against him], hadn’t displayed religious neutrality and exhibited “a clear and impermissible hostility toward [his] sincere religious beliefs” when pursuing Phillips. That is a nice way of saying commissioners had compared orthodox Christians to Nazis and segregationists—because nothing says “inclusion” like comparing a genteel baker . . . to a murderous SS officer. . . .

Next time, though, commissioners in Colorado and elsewhere will, no doubt, be more careful about their public statements. What stops them from destroying a business then? Very little, apparently. . . .

The Supreme Court could effectively strip these extra-constitutional civil-rights commissions, which have become little more than star chambers that punish citizens for wrongthink, of much of their power. It might even undermine frivolous lawsuits.

Read more at Federalist

More about: American law, Freedom of Religion, Supreme Court

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden