Finally, the Court announced in the press release that its decision was a unanimous one: there was not a single dissenting opinion. However, it is striking to notice that eight out of nine Justices announced that they will file concurring opinions. Unfortunately, the reasons provided in the press release are not enough to identify whether the holding of this case will be endorsed by, at least, five members of the Court. This is a particularly crucial issue because considering that the Court added in its reasoning section a series of interpretations to uphold the amendment, we will have to wait to see if they are sustained by the Court’s majority. If this were not the case we would be, for the first time in the Court’s history, before a plurality opinion and, eventually, the Court would have to build a rule to clarify what judges should do under these circumstances.
As we prepare to celebrate next week the 239th anniversary of the birth of our country, our Constitution finds itself under sustained attack from an arrogant judicial elite. Yet the words of Daniel Webster ring as true today as they did over 150 years ago: “Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.” We must hold fast to the miracle that is our Constitution and our republic; we must not submit our constitutional freedoms, and the promise of our nation, to judicial tyranny.