Bench Memos

Katie Couric’s Softballs

The series of softballs that Katie Couric pitches to Justice Ginsburg on Hobby Lobby is something to behold. From the video here:

Couric: All three women justices were in the minority in the Hobby Lobby decision. Do you believe that the five male justices truly understood the ramifications of their decision?

Ginsburg: I would have to say no. But justices continue to think and can change. I am ever hopeful that if the court has a blind spot today, its eyes will be open tomorrow.

Couric: But you do in fact feel these five justices had a bit of a blind spot?

Ginsburg: In Hobby Lobby? Yes. Yes, I did.

Couric: And why was that?

Ginsburg: The same kind of blind spot the majority had in the Ledbetter case.

Couric: Because they couldn’t understand what it is like to be a woman?

Oddly, in explaining her position in the Hobby Lobby case, Ginsburg asserted that Hobby Lobby’s owners “have no constitutional right to foist [their religious] belief” on their employees, and she also complained that the Free Exercise Clause had never been so interpreted. She seemed not to have clearly in mind that the Hobby Lobby ruling rested on the Religious Freedom Restoration Act, not on the Free Exercise Clause. But, needless to say, Couric was clueless on that point.

Addendum: Ginsburg, Sotomayor, and Kagan take the positions they do because they’re liberals, not because they’re women. As I’ve pointed out before, other (and better) female judges have ruled in favor of religious-liberty challenges to the HHS mandate. It’s those who believe that all women do or should adopt the liberal feminist-prescribed position who suffer from a massive blind spot.

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