The SUPREME Court - The Bigger Picture - Welcome to Totalitarianism

It has been an eventful week. First the Supreme Court upheld Obamacare. The same justice Roberts who earlier defied the argument of the measures supporters that the mandate did not amount to a tax and essentially rewrote the statute to make it a tax in order to uphold it (yes, it was that bad), was at it again.

This time, in spite of almost irrefutable evidence and plain logic based on the words of the law indicating that the Obamacare subsidies were to be provided by individual states, not the Federal Government, Justice Roberts found a way to stretch the meaning of "State" to include a nebulous "intent" that went beyond the wording, thus making the law valid. This massive usurpation of legislative authority relied on feeling over law and a basic denial that words have meaning at all, as Justice Scalia pointed out in a scathing dissent.

Then the Supremes ruled on same-sex marriage. Again the linguistic gymnastics required to manufacture a desired outcome was something the Court found a way to justify. Justice Scalia excoriated the line " "The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity."

What exactly does it mean, as a legal matter, to "define and express (one's) identity?" What are the limits on this right now that gender in society is defined entirely by one's "feelings"?