A Federal Judge Tells the Supreme Court to Shut the F*** Up

Judge Richard G. Kopf, presumably a Republican since he was appointed to the Federal bench by George H. W. Bush (the first one), reacts to the Hobby Lobby ruling:

In the Hobby Lobby cases, five male Justices of the Supreme Court, who are all members of the Catholic faith and who each were appointed by a President who hailed from the Republican party, decided that a huge corporation, with thousands of employees and gargantuan revenues, was a “person” entitled to assert a religious objection to the Affordable Care Act’s contraception mandate because that corporation was “closely held” by family members. To the average person, the result looks stupid and smells worse.

To most people, the decision looks stupid ’cause corporations are not persons, all the legal mumbo jumbo notwithstanding. The decision looks misogynist because the majority were all men. It looks partisan because all were appointed by a Republican. The decision looks religiously motivated because each member of the majority belongs to the Catholic church, and that religious organization is opposed to contraception. While “looks” don’t matter to the logic of the law (and I am not saying the Justices are actually motivated by such things), all of us know from experience that appearances matter to the public’s acceptance of the law….

Next term is the time for the Supreme Court to go quiescent – this term and several past terms has proven that the Court is now causing more harm (division) to our democracy than good by deciding hot button cases that the Court has the power to avoid. As the kids says, it is time for the Court to STFU. 

Being one of the “most people”, there is no doubt in my mind that the Hobby Lobby decision was stupid, partisan, misogynist and religiously-motivated, but it’s understandable that Judge Kopf expresses himself more judiciously.

There is a little more on the subject from the judge here:

Remembering Alexander Bickel’s passive virtues and the Hobby Lobby cases.

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