Thomas Fleming on the Chief Justice

Dr. Fleming, John Napoleon Roberts

This has been a glorious week for the Supreme Court, as the majority brushes aside the rights of the states, the Constitution, and the rule of law. In the welter of revolutionary decisions, it is easy to overlook the six to three decision striking down the Stolen Valor Act.


The Act was a typical piece of American political silliness that allows politicians to pretend they are real patriots who care about our fighting girls and boys. Essentially, this federal law made it a crime to make false claims about receiving military medals and decorations. A California politician who told self-serving lies about his military service challenged his conviction on the grounds that he was being deprived of his free speech rights. The leftists on the court--led by the Republican justices Anthony Kennedy and John Roberts--agreed.


The three conservatives--Scalia, Thomas, and Alito--had little trouble shredding the argument. The dissenters are wasting their time. In the kingdom of lies, deceit is highest virtue. The Court has made it official: lying to deceive others is protected by law, particularly if the lies are crafted to serve the ambitions of politicians. Even the politicians who drafted the law must be somewhat gratified by the result.