Wow, that didn’t take long!

July 5, 2014

Although it was pretty clear that the caveats in Monday’s Hobby Lobby decision – along the  lines of “we are only deciding the specific case before us, our decision says nothing about other possible cases” – wouldn’t hold much water in the long run, I was expecting the Court would manage to maintain the pretence for at least a term or two, until other cases had a chance to percolate up through the system. No way. The very next day they issued orders extending the effect of the decision to the whole range of contraceptives covered by the ACA, not just the four which Hobby Lobby claimed to “believe” were abortificants.  Then two days after that, they granted an injunction to Wheaton College effectively invalidating the “less restrictive alternative” whose presence they’d cited to justify the original decision. Even having to fill out the paperwork to trigger alternate means of coverage, it seems, can be claimed as an “excessive burden.” If the Wheaton case ends up being decided in favor of the College, doesn’t that invalidate the logic of Hobby Lobby?

The Supreme Court has done dumb things before, it has done malicious things, it has done cynical things. This is the first time I am aware of that the majority on the Court has revealed its cynicism so openly, so quickly.  The next step of course is to start ruling for “religious freedom” in cases not involving contraceptives. Like people claiming a religious objection to hiring gay people? Or members of racial minorities? Or will they draw a line and try to claim that contraceptives are different? Why? Because sex is a matter of uniquely religious concern?

And if we ever do get that stupid Religious Freedom Restoration Act repealed, will the Court turn around and say no, Hobby Lobby really follows from the First Amendment itself?

Can we trust anything they say?

Alas, the only way to deal with a bad Court is to get a better one appointed. If the Democratic Party can just hold on to the Presidency and the Senate for a decade or so…

 

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