@Xahrx and Mark,
I disagree, I think power comes before ethics and morals because without power, the morals and ethics are irrelevant.
I’m not saying that subjective value judgments aren’t used to review laws, I’m saying that without power, those value judgments carry no weight, no practical significance whatsoever.
For a very simple demonstration of this, I could say that all libertarians will now be killed because they are libertarians and libertarianism is against the law. But without the power to enforce this edict, I cannot make it so. If, however, I had the power to do it, I could do it, and there would be nothing that could stop me except for an opposing force against me. So power comes first, everything else is second.
Another practical demonstration of how morals and ethics comes second is to see how libertarians have been marginalized despite having the most rational, moral and logical arguments because libertarians are a minority and have relatively little influence or power. If morals and ethics really were more important, libertarians would be in charge of making laws, but this is not so.
So, tying it back to the ruling, it has been ruled that the Congress has the authority to make laws such as this. Unless there is some great uprising against this law (which I doubt), there will be no power that rivals Congress. Therefore, the law will be sustained and enforced. If there is an uprising against this law, even if it’s value based, the only way things will be changed is with rivaling force. Either way, morals and ethics will take a backseat to power as they always have and always will. It’s not possible, in a legal sense, for morals or ethics to matter more than power because while power/might are preconditions for law, logical and rational moral values and ethics are not.