Rich Lowry: The war on women comes to the Supreme Court

  • By Rich Lowry
  • Wednesday, July 2, 2014 5:55pm
  • Opinion

It has long been suspected that the Supreme Court hates women, although it took the court’s 5-4 decision in the Hobby Lobby case to fully reveal its blatant misogyny.

The court held that the Religious Freedom Restoration Act forbids the administration from forcing Hobby Lobby — an arts-and-crafts chain owned by evangelical Christians — to cover contraceptives that its owners object to on religious grounds (specifically, four drugs that it believes act as abortifacients).

If you don’t see the anti-women agenda at work in this decision, you aren’t as discerning as the hysterics on the left who point out, accusingly, that the five justices in the majority are all men. QED.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Sen. Harry Reid, displaying his unfailing instinct for the inane, tweeted, “It’s time that five men on the Supreme Court stop deciding what happens to women.” The majority leader seems to believe that the court was deliberating in the case of Hobby Lobby Stores, Inc., et al. v. The Fate of Women’s Freedom in the United States.

The ruling was quite limited. It didn’t strike down the contraception mandate, and as such is only a small carve-out from the sweeping extension of government power represented by the mandate. The decision only says that the mandate can’t apply to Hobby Lobby and other closely held corporations (defined by the IRS as firms where five or fewer individuals hold 50 percent or more of the value of the corporation) that oppose it on religious grounds.

The Religious Freedom Restoration Act, passed by Congress in the 1990s with large bipartisan majorities, created a broad protection for religious liberty. It says that government can’t create a substantial burden on someone’s exercise of religion unless it is using the least restrictive means of furthering a compelling government interest. The court held that there are less restrictive means for the government to get women the drugs in question, including paying for them directly rather than forcing Hobby Lobby to cover them.

The cry from the left is that this constitutes the end of women’s “health” as we know it. Press Secretary Josh Earnest said President Barack Obama “believes that women should make personal health care decisions for themselves, rather than their bosses deciding for them.” Taking this non sequitur and running with it, Sen. Patty Murray, a Democrat from Washington state, opined that the decision “takes us closer to a time in history when women had no choice and no voice.”

Of course, Hobby Lobby doesn’t have the power to deny its employees the drugs it finds objectionable, nor does it claim such a power. Women who work for the company can buy them on their own. For that matter, Hobby Lobby doesn’t claim the right to stop them from having abortions. The women who work for Hobby Lobby have exactly as much “choice” now as they did prior to the decision.

The left can’t get its head around the idea that the law or the Constitution sometimes limits the means whereby it seeks to achieve its ends. The left doesn’t really do law. It often doesn’t even do reasoning. It does bullying and demagoguery. In the argument over Hobby Lobby, it has brought the logic of the “war on women” — its shameless smear job — to the Supreme Court.

There are numerous lawful ways around the Hobby Lobby decision. If it wants to get at the root of the matter, Congress can carve out an exception from the Religious Freedom Restoration Act for the contraception mandate, or repeal the act in its entirety. Surely, if liberal lions like Ted Kennedy and Bill Clinton had foreseen how the act would eventually get in the way of the left’s coercive cultural agenda, they never would have supported it in the first place.

But finding a way to eviscerate or kill the act is for another day. For now, inveighing against the sexist Supreme Court is the priority.

Rich Lowry can be reached via e-mail: comments.lowry@nationalreview.com.

More in Opinion

(Juneau Empire file photo)
Opinion: Life is harder when you outlive your support group

Long-time friends are more important than ever to help us cope, to remind us we are not alone and that others feel the same way.

A silver salmon is weighed at Three Bears in Kenai, Alaska. Evelyn McCoy, customer service PIC at Three Bears, looks on. (Photo by Jeff Helminiak/Peninsula Clarion)
Opinion: Will coho salmon be the next to disappear in the Kenai River?

Did we not learn anything from the disappearance of the kings from the Kenai River?

Jonathan Flora is a lifelong commercial fisherman and dockworker from Homer, Alaska.
Point of View: Not fishing for favors — Alaskans need basic health care access

We ask our elected officials to oppose this bill that puts our health and livelihoods in danger.

Alex Koplin. (courtesy photo)
Opinion: Public schools do much more than just teach the three Rs

Isn’t it worth spending the money to provide a quality education for each student that enters our schools?

Gov. Mike Dunleavy speaks to reporters at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire file photo)
Letter to the Editor: Law enforcement officers helped ensure smooth, secure energy conference

Their visible commitment to public safety allowed attendees to focus fully on collaboration, learning, and the important conversations shaping our path forward.

Laurie Craig / Juneau Empire file photo
The present-day KTOO public broadcasting building, built in 1959 for the U.S. Army’s Alaska Communications System Signal Corps, is located on filled tidelands near Juneau’s subport. Today vehicles on Egan Drive pass by the concrete structure with satellite dishes on the roof that receive signals from NPR, PBS and other sources.
My Turn: Stand for the community radio, not culture war optics

Alaskans are different and we pride ourselves on that. If my vehicle… Continue reading

U.S. Sen. Dan Sullivan (R-Alaska) delivers his annual speech to the Alaska Legislature on Thursday, March 20, 2025. (Jasz Garrett / Juneau Empire file photo)
Opinion: Sullivan, Trump and the rule of lawlessness

In September 2023, U.S. Sen. Dan Sullivan established his own Alaska Federal… Continue reading

UAA Provost Denise Runge photographed outside the Administration and Humanities Building at the University of Alaskas Anchorage. (courtesy photo)
Opinion: UAA’s College of Health — Empowering Alaska’s future, one nurse at a time

At the University of Alaska Anchorage, we understand the health of our… Continue reading

U.S. Rep. Nick Begich III, R-Alaska, address a joint session of the Alaska Legislature on Thursday, Feb. 20, 2025. (Mark Sabbatini / Juneau Empire file photo)
Opinion: A noncongressman for Alaska?

It’s right to ask whether Nick Begich is a noncongressman for Alaska.… Continue reading

Boats return to the Homer Harbor at the end of the fishing period for the 30th annual Winter King Salmon Tournament on Saturday, March 23, 2024 in Homer, Alaska. (Delcenia Cosman/Homer News)
Opinion: Funding sustainable fisheries

Spring is always a busy season for Alaska’s fishermen and fishing communities.… Continue reading

Gov. Mike Dunleavy holds a press conference on Monday, May 19, 2025, to discuss his decision to veto an education bill. (Jasz Garrett / Juneau Empire file photo)
Opinion: On fiscal policy, Dunleavy is a governor in name only

His fiscal credibility is so close to zero that lawmakers have no reason to take him seriously.