Except for Dred Scott v. Sandford, today’s Supreme Court ruling allowing “closely held companies” such as Hobby Lobby to decide what forms of birth control may be available to employees, is the dumbest, most backwardly venal decision by a group of men (all male majority in the case) in the history of the Supreme Court. At least, like Chief Justice Taney, all these men will eventually die and be remembered for this kind of crony capitalist decision, which will be humiliating to live with until it is overturned.
We’ve put women in the back of the medical care bus, a man at the wheel, and decided to close our eyes to gender bias and the influence of money on health care in the United States. Too bad that the conservatives on the Court did not listen to the advice of another conservative Chief Justice, William Rehnquist, who wrote a memo while clerking for Justice Jackson in 1952, when Brown v. Board of Education ended the Scott decision’s influence on public policy by striking down the segregation of schools: “Scott v. Sandford was the result of Taney‘s effort to protect slaveholders from legislative interference.” Taney ignored basic facts to ensure a system of human slavery was sustained, the Court’s majority today is ignoring medical advice to accommodate profit combined with bigotry.
In the meantime, join me in taking a pledge:
I will not shop at any store that places the owner’s religious beliefs above the employees’ freedom to choose medical treatment. America is great when we can each choose a personal path based on our own values, not when it enforces the values of any group, majority or minority, male or female, straight or gay population, regardless of religious affiliation, on the rest of population.
We’ll always have the reversal of the decision to look forward to, which could come with just one more woman on the Court, but we have to wait for it, for now. Hopefully, not for as long as the Scott decision to be tossed out,which took more than a century.