Oink
by David Benjamin
MADISON, Wis. — Thanks to the Supreme Court’s recent anti-contraception decision, in Burwell v. Hobby Lobby,
which enshrines in American Constitutional law the novel notion that
corporations are not only persons but they’re also, well… holy, we
finally have a literary parallel for Chief Justice John Roberts.
Many
decisions of this conservative Court have been described as
“Orwellian,” but these tend to be references to George Orwell’s
dystopian masterpiece, Nineteen-Eighty-Four. When I read about Hobby Lobby,
however, the first literary line that came to my mind was the mantra of
Comrade Napoleon, the chief pig in Orwell’s other classic, Animal Farm: “All animals are equal, but some animals are more equal than others.”
In Hobby Lobby, the Roberts Court tilted the equality scales by swaddling corporate chiefs
— already almost impregnable to any challenge from employees, the
public or even the federal government — in the purple vestments of
“religious liberty.” They conceded that Hobby Lobby owner David Green is
no mere businessman. He is exalted above his corporate peers by a
fierce and steely faith — one that he’s willing to blow millions of
dollars in legal fees to uphold and propagate. Green — the Supreme Court
found — is a remarkable capitalist cleric who blends free-market dogma
with Christian liturgy, guiding his flock of meek employees toward a
paternal paradise where personal autonomy is joyfully surrendered to the
biggest pig in the barnyard.
To put it in Green’s words: “We
believe wholeheartedly that it is by God’s grace and provision that
Hobby Lobby has been successful.”
Maybe it’s just me, but I hear in Reverend Green an echo of Orwell's
Napoleon, oinking to the chickens, lambs and other less equal animals
why the best victuals in the trough are reserved to the ruling pigs:
“Comrades! You do not imagine, I hope, that we pigs are doing this in a
spirit of selfishness and privilege?… We pigs are brainworkers. The
whole management and organization of this farm depend on us. Day and
night we are watching over your welfare. It is for your sake that we
drink the milk and eat those apples.”
In another eerie parallel, the pigs of Animal Farm
— like Rev. Dave at Hobby Lobby — laid an intimidating religious gloss
over their loving tyranny, issuing the Seven Commandments of the church
of “animalism.” Among these, my favorite is the First: “Whatever goes
upon two legs is an enemy.”
Obviously, Comrade Napoleon never got a load of Cyd Charisse.
But I digress.
In earlier decisions — including Citizens United
— Chief Justice Roberts, along with accomplices Scalia, Kennedy, Alito
and Stepin Fetchit, re-wrote the Constitution spectacularly by granting
personhood to corporations. They did so despite the sentiments of their
conservative hero, Thomas Jefferson, who wrote, “I hope we shall take
warning from the example [of England] and crush in its birth the
aristocracy of our monied corporations which dare already to challenge
our government to a trial of strength and bid defiance to the laws our
country.”
I think Roberts guessed that Jefferson wasn’t alone in
despising corporations. He saw a need to shield them — despite their
personhood — from any vestige of civic responsibility. Seizing his
chance in Hobby Lobby, he conjured a species of religious
immunity, transforming bosses, bankers and plutocrats from mere grasping
profiteers into prophets, vicars, cardinals, patriarchs, rabbis,
messiahs.
The queue of corporate aristocrats seeking this ecclesiastic dispensation from the laws of the land, like the pigs in Animal Farm
who claimed first dibs on the best slop in the trough, is already
forming — and getting friendly hearings from the Court’s majority.
Perhaps the real miracle of the Hobby Lobby
decision is how cleverly it resolves the paradox posed by Matthew 6:24,
when Jesus (allegedly) said: “No one can serve two masters; for either
he will hate the one and love the other, or he will be devoted to one
and despise the other. You cannot serve God and mammon.”
A
dilemma for Justice Roberts? Hardly. Roberts coolly overruled the Lord’s
objection and topped himself by squelching that really inconvenient
passage in Mark: “It is easier for a camel to go through the eye of a
needle than for someone who is rich to enter the kingdom of God.”
You
see, John Roberts’ ace-in-the-hole, which he probably carries in his
wallet, is Psalm 112, where God himself says: “Blessed is the man who
fears the Lord, who greatly delights in his commandments. His
descendants will be mighty in the land… Wealth and riches are in his
house…”
In other words, David Green.
Given a choice
between New Testament and Old, between God and the Son of God, all
things being equal — but some animals more equal than others — Justice
Roberts and the Four Pharisees found for the pigs.
Head hog
Napoleon in fiction and head judge Roberts in reality both possess a
keen appreciation of what happens when you sanctify power. They know how
the force of popular faith can confound opposition to the rule of a
tyrant few. Jefferson got it, too. “Compulsion in religion,” he wrote,
“is distinguished peculiarly from compulsion in every other thing.”
If
you oppose President Obama, for example, you’re only dissing a
temporary secular leader, a political hack. But now, since Rev. Roberts
tacked his ninety-five theses onto the doors of the Supreme Court and Hobby Lobby ordained
every CEO in the USA into the new United Church of God and Mammon,
you’re not just poor-mouthing David Green, Donald Trump or Charlie Koch
anymore.
You’re pounding nails into Jesus.
Wednesday, July 9, 2014
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