Ruth Bader Ginsburg Was Right, and We Already Have Proof

Zoë Carpenter on July 2, 2014 | The Nation

Among the many questions raised by the Supreme Court’s ruling in Burwell v. Hobby Lobby is how sweeping its legacy will be. Supporters of the decision have insisted that the ruling is “narrow,” as it explicitly addresses “closely held” corporations objecting to four specific types of birth control—including IUDs and Plan B—because the business’ owners consider them (inaccurately) to cause abortion. Besides, the Court argued, the government can just fill any coverage gaps itself, and it’s only women whom corporations are now permitted to discriminate against. “Our decision in these cases is concerned solely with the contraceptive mandate,” claimed Justice Samuel Alito, writing for the majority. “Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employers’ religious beliefs.”

Bullshit, is essentially what Justice Ruth Bader Ginsburg had to say about the majority’s claim to have issued a limited ruling. In her dissent, Ginsburg deemed it “a decision of startling breadth.” She noted that “‘closely held’ is not synonymous with ‘small’,” citing corporations like Cargill, which employs 140,000 workers. Even more alarming is the majority’s endorsement of the idea that corporations can hold religious beliefs that warrant protection under the Religious Freedom Restoration Act.

In fact, it only took a day for the Court’s “narrow” decision to start to crack open. On Tuesday, the Court indicated that its ruling applies to for-profit employers who object to all twenty forms of birth control included in the Affordable Care Act’s contraceptive mandate, not just the four methods at issue in the two cases decided on Monday.

In light of its ruling on Hobby Lobby and a related suit, the Supreme Court ordered three appeals courts to reconsider cases in which they had rejected challenges from corporations that object to providing insurance that covers any contraceptive services at all. The plaintiffs in all three cases are Catholics who own businesses in the Midwest, including Michigan-based organic food company Eden Foods. Meanwhile, the High Court declined to review petitions from the government seeking to overturn lower court rulings that upheld religiously based challenges to all preventative services under the mandate.

It’s bad enough that the Court privileged the belief that IUDs and emergency contraceptives induce abortion over the scientific evidence that clearly says otherwise. With Tuesday’s orders, the conservative majority has effectively endorsed the idea that religious objections to insurance that covers any form of preventative healthcare for women have merit. This development is not surprising, as it’s the logical extension of the premise that the intangible legal entities we call corporations have religious rights. That’s a ridiculous idea, certainly, but not a narrow one—no matter Alito’s assurance that he intends it to be used only to justify discrimination against women.

Please support our journalism. Get a digital subscription for just ...

The cases that must now be reopened aren’t even based on junk science, just general pious resistance to women’s health services. And at least one of those cases is only tenuously about religious freedom. “I don’t care if the federal government is telling me to buy my employees Jack Daniel’s or birth control,” Michael Potter, the founder of Eden Foods told Irin Carmon. “What gives them the right to tell me that I have to do that? That’s my issue, that’s what I object to, and that’s the beginning and end of the story.” As one judge wrote, “Potter’s ‘deeply held religious beliefs’ more resembled a laissez-faire, anti-government screed.”

The hole that the Supreme Court tore in the contraceptive mandate can be repaired with a tailored fix, most likely by the Obama administration extending the same accommodation it offered nonprofit religious groups to women working for the closely held for-profit corporations implicated in the Hobby Lobby ruling. Under that work-around, insurance companies themselves—or, in some cases, the federal government—will pick up the tab for female employees’ contraception coverage when their employer opts out.

More vexing is the extension of the RFRA to corporations. Business owners now have a new basis for trying to evade anti-discrimination laws and their responsibilities to their employees. Religious liberty is already the rallying cry for conservatives looking for a legal way to discriminate against LGBT Americans; other business owners have tried to use religion to justify opposition to minimum-wage laws and Social Security taxes. Faith groups are already trying to capitalize on the Hobby Lobby decision out of court; on Wednesday, a group of religious leaders asked the Obama administration for an exemption from a forthcoming federal order barring federal contractors from discrimination on the basis of sexual orientation or gender identity.

According to Alito, courts have no authority to “tell the plaintiffs that their beliefs are flawed.” Where, then, are the boundaries? How will courts decide which beliefs are “sincerely held?” Alito asserts that the majority opinion provides “no such shield” for other forms of discrimination, but we have to take his word on it. The language of the ruling may be limited to contraception, but there are no explicit constraints on its underlying logic.

Views: 46

▶ Reply to This

Best guide to hip hop, soul, reggae concerts & events in San Francisco Bay Area, Los Angeles & New York City + music, videos, radio and more

Subscribe to Our E-Blast

WIN TICKETS

Hugel
Saturday, Nov 7 @ Greek Theatre, Berkeley

Bonobo
Saturday, Nov 14 @ Fox Theater, Oakland

Pretty Lights
Thursday-Sunday, Nov 19-21 @ Fox Theater, Oakland

Ozomatli
Saturday, Nov. 21 @ UC Theatre, Berkeley

Connect

Bluesky Instagram TikTok Linktree

Members

Photos

  • Add Photos
  • View All

Latest Activity

Editor's Pick updated an event
Thumbnail

Outside Lands 2027 at Golden Gate Park, SF

August 6, 2027 from 12pm to 11pm
August 6, 7 and 8, 2027 OUTSIDE LANDSGolden Gate Park San Francisco, CAFriday, August 6 | Show: 12:00pmSaturday, August 7 | Show: 12:00pmSunday, August 8 | Show: 12:00pmThis festival is all ages. Tickets coming soon.>> MORE INFOSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Eric Andre: Subtle at Fox Theater, Oakland

May 19, 2027 from 8pm to 11pm
Wednesday, May 19, 2027 ERIC ANDRE: SUBTLEFox Theater 1807 Telegraph Ave,Oakland, CADoors: 7:00pm | Show: 8:00pmThis event is 18 and over.>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Marian Hill at Bimbo's 365 Club, SF

March 1, 2027 from 8pm to 11pm
Monday, March 01, 2027 MARIAN HILLACT TWO: THE TOURBimbo's 365 Club 1025 Columbus Ave,San Francisco, CADoors: 7:00pm | Show: 8:00pmThis event is 18 and over.>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Lucky Daye at The Warfield, SF

April 8, 2027 from 8pm to 11pm
Thursday, April 8, 2027 LUCKY DAYEThe Warfield 982 Market Street,San Francisco, CADoors: 7:00pm | Show: 8:00pm>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Tinashe at Fox Theater, Oakland

May 13, 2027 from 8pm to 11pm
May 13 and 14, 2027 TINASHETHE SHOW MUST GO ONFox Theater 1807 Telegraph Ave,Oakland, CAThursday, May 13 (SOLD OUT)Doors: 7:00pm | Show: 8:00pmFriday, May 14 (2nd show added by popular demand)Doors: 7:00pm | Show: 8:00pmThis event is all ages.>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Fat Tuesday Celebration With Rebirth Brass Band at The Chapel, SF

February 9, 2027 from 8pm to 11pm
Tuesday, February 9, 2027 FAT TUESDAY CELEBRATION WITH REBIRTH BRASS BANDNOLA Food & Drink Specials + East Bay Brass Band at CurioThe Chapel 777 Valencia Street,San Francisco, CADoors: 7:00pm | Show: 8:00pmThis event is all ages.>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Ibeyi at The Fillmore, SF

January 27, 2027 from 8pm to 11pm
Wednesday, January 27, 2027 IBEYIThe Fillmore 1805 Geary Boulevard,San Francisco, CAShow: 8:00pm>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Portugal. The Man at The Castro, SF

January 23, 2027 from 8pm to 11pm
Saturday, January 23, 2027 PORTUGAL. THE MANIn The Mountain In The Cloud - 15 Year Anniversarywith Anthony GreenThe Castro 429 Castro St,San Francisco, CADoors: 7:00pm | Show: 8:00pmThis event is all ages.>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Tower of Power Residency at Yoshi's, Oakland

January 29, 2027 from 8pm to 11pm
January 29, 30 and 31, 2027 TOWER OF POWER RESIDENCYYoshi's 510 Embarcadero West,Oakland, CAFriday and Saturday: Doors 7:30pm | Show 8:00pmSunday: Doors 7:00pm | Show 7:30pm>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Don Carlos at Cornerstone, Berkeley

January 23, 2027 from 9pm to 11:30pm
Don CarlosSaturday January 23, 2027Doors 8:00pm Showtime 9:00pmCornerstone 2367 Shattuck AveBerkeley CA 94704See More
7 hours ago
Editor's Pick updated an event
Thumbnail

Tower of Power Residency at Yoshi's, Oakland

January 22, 2027 from 8pm to 11pm
January 22, 23 and 24, 2027 TOWER OF POWER RESIDENCYYoshi's 510 Embarcadero West,Oakland, CAFriday and Saturday: Doors 7:30pm | Show 8:00pmSunday: Doors 7:00pm | Show 7:30pm>> BUY TICKETSSee More
7 hours ago
Editor's Pick updated an event
Thumbnail

Sister Nancy & the Steady Rock Band at The Independent, SF

January 15, 2027 from 9pm to 11pm
Friday, January 15, 2027 SISTER NANCY & THE STEADY ROCK BAND+ Reggae AngelsThe Independent 628 Divisadero St,San Francisco, CADoors: 8:30pm | Show: 9:00pmThis event is 21 and over.>> BUY TICKETSSee More
7 hours ago

© 2026   Created by Ren the Vinyl Archaeologist.   Powered by

Badges  |  Report an Issue  |  Terms of Service