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Bench Memos

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The Secular Jewish Cabal?



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In a Volokh Conspiracy post titled “The Supreme Court’s secular Jewish cabal’s war on religious freedom?,” law professor David Bernstein nails it:

“It’s no coincidence that three of the four dissenters in Hobby Lobby were Jews with limited attachment to their religious heritage. Such Jews have always been uncomfortable with public displays of religion in the United States, and are especially hostile to the sorts of evangelical Christianity that motivates the owners of Hobby Lobby to seek religious exemptions from providing their employees with certain types of contraception. It’s also not surprising that three of the dissenting Justices are unmarried women, two of whom have never had children, because they see pregnancy as a disease in need of ‘preventive care’ rather than a blessing.”

That’s really reductionist and offensive, right? Yet my Facebook and Twitter feeds are filled with equally reductionist and offensive blog posts talking about the Catholic male cabal on the Supreme Court….

[W]hile … I don’t think that criticizing someone’s religious views [is] out of bounds or should be dismissed as prejudiced, attacking a fully secular Supreme Court opinion on the grounds that its authors happen to be Catholic should be well-out-of-bounds. So stop it.



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