Sunday, December 7, 2014

Speaking of Dissents: How an 81 Year Old Woman Won Over The Hearts of Liberal America

I know we've been spending a lot of time in class lately talking about the Supreme Court, so I figured this would be a good time to talk about one of my all-time favorite dissents.

Last summer, the Supreme Court heard a case called Burwell v. Hobby Lobby. To summarize, under the Affordable Care Act, or Obamacare, employers must provide birth control options in their health care plans. Hobby Lobby, a craft store company, argued that, since the court had previously defined corporations as people, they could have religions, and therefore have religious objections to providing birth control. 

The court, or, more specifically, five male justices ruled in favor of Hobby Lobby and struck down the birth control mandate section of the ACA. Many argued that this would lead to corporations in the future evading federal laws for 'religious reasons'. 

One woman who argued this was Justice Ruth Bader Ginsburg. She wrote a scalding dissent which sparked a viral movement. Some of the sassier lines from the dissent included, "Would the exemption extend to employers with religiously grounded objections to blood transfusions (Jehovah's Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations?", "Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community", and "It bears not in this regard that the cost of an IUD (birth control) is nearly equivalent to a month's full-time pay for wokrers earning the minimum wage."

This dissent soon became a battle cry for many who felt that the court’s decision was not only wrong, but dangerous. Justice Ginsburg's dissent was set to music. She was afforded the nickname "Notorious RBG", in the style of Biggie Smalls. Notorious RBG has inspired a Tumblr, this video, and countless merchandise - my friend gave me a tshirt (see image below)! 

And what does this eighty-one-year-old woman think of her new nickname? RBG says she's incredibly flattered and admits to owning a large supply of Notorious RBG shirts.



Me too, Ginsburg. Me too.


6 comments:

  1. Julia! I really liked that you tied the Supreme Court and the cases we are learning about in class to relevant current events. I think it is very important to link past events to the future, so that we can try and not make the same mistakes that we did before! So I am very glad you posted this, so that I can keep up on current events! So keep posting!!!

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  2. Like Rachel mentioned, I also think it is very important to link past events to the future. I usually do not pay attention to any American politics since all I really hear about at home are the ones in Taiwan, so this is actually new to me. I personally support RBG. From your shirt, I'm guessing that you support her as well :D I think it's time for me to get one of those awesome shirts

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  3. Jenice - I can try and have my friend set you up with one lol

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  4. Wow, I didn't know that there was actually a lawsuit over this kind of thing. Corporations can have religions? It's pretty interesting how the same kind of absurd things happened in the past. Would it be possible to post the entire case?

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    1. Sure! The following links are, respectively, 1. Cornell's assembly of all certiorari, notes, opinions and dissents, 2. The Wikipedia article on the specific case, 3. Hobby Lobby's website about the case, 4. SCOTUSBlog's summary, and 5. The NYT breaking the story the day it happened

      http://www.law.cornell.edu/supremecourt/text/13-354

      http://en.wikipedia.org/wiki/Burwell_v._Hobby_Lobby

      http://www.hobbylobbycase.com/

      http://www.scotusblog.com/case-files/cases/sebelius-v-hobby-lobby-stores-inc/

      http://www.nytimes.com/2014/07/01/us/hobby-lobby-case-supreme-court-contraception.html?_r=0

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  5. Wow, its really interesting to see how something that was ruled on so long ago, that companies could be people, has effected cases in the present day. Do you know if RBG's dissent was able to get the ruling overturned or is this still an ongoing case?

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