That, I submit, is pretty much where we are with judges like Roger Gregory. The harm such judicial supremacists do goes far beyond their particular rulings. It erodes the one thing that guarantees the place of the judiciary in a free society: widespread trust in the legitimacy, which is to say, the impartiality of its operation. The black robes are a symbol of that trust and the majesty that imbues it. The Fourth Circuit has just violated that trust in the most brutal and cavalier fashion, threatening to transform those somber black robes from an emblem of high office into costume worn by impersonators.

To this extent, Hamilton was right: in our society the respect of the judiciary depends not on its deployment of coercion but prestige. As Glenn Reynolds observed in commenting on this deeply misguided ruling by the Fourth Circuit, “The judiciary’s prestige-well is going to dry up pretty fast at this rate.” And then?