Ginsburg’s Hobby Lobby Gaffes

by Ed Whelan

Let’s set aside the legal errors that pervade Justice Ginsburg’s dissent in Hobby Lobby and focus only on her public misstatements about the case: Ginsburg bizarrely asserts that her dissent “really didn’t turn on the difference between a corporation and a sole proprietorship.” She mischaracterizes (see second paragraph here) the majority’s opinion as resting on the Free Exercise Clause rather than the Religious Freedom Restoration Act. And she doesn’t understand that it was the Obama administration, not Congress, that imposed the HHS mandate.

To be clear: I’m not suggesting that Ginsburg has slowed. Rather, I think that her gaffes provide further evidence that her ideology, rather than careful legal analysis, drove her to the result she reached in Hobby Lobby

Bench Memos

NRO’s home for judicial news and analysis.