Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Ruth Ginsburg Slams Decision of ‘Startling Breadth’ in Hobby Lobby Dissent
Meidaite ^ | 06/30/2014 | by Evan McMurry

Posted on 06/30/2014 11:23:41 AM PDT by SeekAndFind

In a strong dissent on the so-called Hobby Lobby case Monday morning, Supreme Court Justice Ruth Bader Ginsburg sharply disagreed with the deciding justices in language so harsh Justice Anthony Kennedy felt the need to respond in his own concurring opinion.

“In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs,” Ginsburg wrote.

“In the Court’s view, RFRA demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodation may have on third parties who do not share the corporation owners’ religious faith—in these cases, thousands of women employed by Hobby Lobby and Conestoga or dependents of persons those corporations employ.”

Ginsburg excoriated the majority justices for ignoring the intent of the the Religious Freedom Restoration Act and extending its protections, for the first time, to for-profit entities, which she saw as existentially distinct to the point of rendering their owners’ potential religious beliefs irrelevant to their practice of business.

“The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention,” she wrote. “One can only wonder why the Court shuts this key difference from sight.”

Kennedy, whose opinion was largely concerned with limiting the scope of the decision, disagreed with Ginsburg’s assessment of the majority’s ruling. He argued “that the Court’s opinion does not have the breadth and sweep ascribed to it by the respectful and powerful dissent,” and maintained that the Court disagreed over the interpretation of the RFRA, but not its intent.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: aca; bhoscotus; ginsberg; hobbylobby; hobbylobbydecision; ruling; ruthginsberg; scotus
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-113 next last

Read the full scathing dissent HERE

. KEY PASSAGES:

“Even if one were to conclude that Hobby Lobby and Conestoga meet the substantial burden requirement, the Government has shown that the contraceptive coverage for which the ACA provides furthers compelling interests in public health and women’s well being, Those interests are concrete, specific, and demonstrated by a wealth of empirical evidence.”

“Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, or according women equal pay for substantially similar work?”

“Approving some religious claims while deeming others unworthy of accommodation could be ‘perceived as favoring one religion over another,’ the very ‘risk the [Constitution's] Establishment Clause was designed to preclude,”

Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah's Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)? The Court, I fear, has ventured into a minefield, by its immoderate reading of RFRA
1 posted on 06/30/2014 11:23:42 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind

It was actually a pretty narrow ruling, Darth Vader


2 posted on 06/30/2014 11:25:38 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind; Mrs. Don-o

This is all predicated on the idea that contraceptives are good for women. Read all the warnings that come with a package of birth control pills, and then try to say, “This is good for you!” with a straight face.


3 posted on 06/30/2014 11:26:38 AM PDT by Tax-chick (I don't feel obligated to provide you with a non-boring gun.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GeronL

Time to retire Ruthie. Your SEX is showing.


4 posted on 06/30/2014 11:26:57 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind
Isn't this exactly what Obama does. Pick and choose what he wants to enforce?
5 posted on 06/30/2014 11:28:16 AM PDT by Coldwater Creek
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Rush has it right — Ruth Buzzi Ginsburg.


6 posted on 06/30/2014 11:28:20 AM PDT by MUDDOG
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I will never understand liberal Jews


7 posted on 06/30/2014 11:28:25 AM PDT by wardaddy (we will not take back our way of life through peaceful means.....i have 5 kids....i fear for them)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sacajaweau

Is “zombie” a sex?


8 posted on 06/30/2014 11:28:33 AM PDT by Tax-chick (I don't feel obligated to provide you with a non-boring gun.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Tax-chick
This is all predicated on the idea that contraceptives ABORTIFACIENTS are good for women.

Don't fall for the left's conflating of the two.

9 posted on 06/30/2014 11:29:18 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
[ Post Reply | Private Reply | To 3 | View Replies]

To: wardaddy

They hate Christians, really bad, like all liberals do.


10 posted on 06/30/2014 11:29:55 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
[ Post Reply | Private Reply | To 7 | View Replies]

To: GeronL

Hope she has a Conniption Fit!


11 posted on 06/30/2014 11:30:10 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

Who’s payin’ for her birth control method of choice? Yewwwww!


12 posted on 06/30/2014 11:32:35 AM PDT by rktman (Ethnicity: Nascarian. Race: Daytonafivehundrian)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tax-chick

They are evil. I will not go back on them. I was put on them at 15 because of regularity and heavy flow issues. Turns out I have PCOS and the pill only masks the symptoms and cures nothing. It was just too easy for my docs to put me on the pill without actually seeing if I had a problem. After I went off of them and adopted a low carb diet, I feel so much better. PCOS? Not with a low carb lifestyle! Imagine that. A free cure.


13 posted on 06/30/2014 11:32:45 AM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: SeekAndFind

This case illustrates why individuals, not employers, should be responsible for selecting and purchasing health care insurance that meets their needs. Individual choice assures the coverage each person wants, and insures portability, because where one works has no effect on the coverage as it is paid for by individuals...


14 posted on 06/30/2014 11:33:09 AM PDT by NCLaw441
[ Post Reply | Private Reply | To 1 | View Replies]

To: MrB

I meant what I said. The principle of contraception is that it’s wrong to be a healthy woman.


15 posted on 06/30/2014 11:33:40 AM PDT by Tax-chick (I don't feel obligated to provide you with a non-boring gun.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: SeekAndFind

Justice Ginsburg did not write that opinion. She no longer has the capacity to do such writing. That opinion was written by her carefully selected left wing clerks. She is just a figurehead being painfully propped up by the Left.


16 posted on 06/30/2014 11:34:28 AM PDT by allendale
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tax-chick; Mrs. Don-o; All

I’d really like to hear FReeper’s take on Ruthie’s fear that this will open up refusals by various religiously oriented businesses - Jehovah’s Witness ( Blood transfusion ), Christian Scientist (Vaccinations), etc.

My personal take is this -— Businesses are not in the business of providing for healthcare. If they don’t provide what you want, you are NOT OBLIGATED to work for them.

That is how a free country should work.

What is your take?


17 posted on 06/30/2014 11:35:22 AM PDT by SeekAndFind
[ Post Reply | Private Reply | To 3 | View Replies]

To: SeekAndFind
" “Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, or according women equal pay for substantially similar work?”

Well, that's a supposition, isn't it? Stop inventing arguments that aren't being brought before the court and deal strictly with the ones before you!

P.S. - that vaccines thing would be the Jehovah's witnesses of several decades ago, but apparently they got over whatever whacky 'Biblical justification' they had.

18 posted on 06/30/2014 11:35:31 AM PDT by alancarp
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Scary that 4 judges could completely disregard the clear and obvious meaning of “Congress shall make no law... prohibiting the free exercise (of religion)”

But then these are the times we live in.


19 posted on 06/30/2014 11:35:40 AM PDT by Cubs Fan (liberalism is a cancer that destroys everything it gets control of.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NCLaw441

I’d really like to hear FReeper’s take on Ruthie’s fear that this will open up refusals by various religiously oriented businesses - Jehovah’s Witness ( Blood transfusion ), Christian Scientist (Vaccinations), etc.

My personal take is this -— Businesses are not in the business of providing for healthcare. If they don’t provide what you want, you are NOT OBLIGATED to work for them.

That is how a free country should work.

What is your take?


20 posted on 06/30/2014 11:35:52 AM PDT by SeekAndFind
[ Post Reply | Private Reply | To 14 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-113 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson