By Scott Kaufman
Thursday, July 31, 2014 9:08 EDT
Speaking with Katie Couric on Yahoo Global News, Supreme Court Justice Ruth Bader Ginsburg said that five of her male counterparts on the court have “a blind spot” when it comes to women’s issues.
After noting that all three female justices were in the minority in the recent Hobby Lobby decision, Couric asked Ginsburg whether she “believed the five male justices truly understood the ramifications of their decision.”
Following a long pause, Ginsburg said, “I would have to say, ‘No.’”
“But,” she added, “justices continue to think, and can change. So I’m ever hopeful that if the Court has a blind spot today, its eyes can be opened tomorrow.”
“But you do, in fact, feel that these five justices had a bit of a ‘blind spot’?” Couric asked.
“In Hobby Lobby?” Ginsburg replied. “Yes.”
“Because they couldn’t understand what it is like to be a woman?” Couric asked.
“They all have wives. They have daughters. By the way, I think daughters can change the perception of their fathers.”
Ginsburg went on to note that her opinions on these matters are contained in her dissents, and that there is a tradition of dissents becoming “unquestionably, the law of the land.”
In her scathing dissent in the Hobby Lobby case, Ginsburg noted that the majority’s willful misreading of the Religious Freedom Restoration Act would have unintended consequences.
“Little doubt that RFRA claims will proliferate, for the Court’s expansive notion of corporate personhood – combined with its other errors in construing RFRA – invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faith,” she wrote.
Earlier this week, in fact, the Satanic Temple declared that it would use the majority’s interpretation of the Religious Freedom Restoration Act just as Ginsburg predicted groups would.
Scott Eric Kaufman is the proprietor of the AV Club’s Internet Film School and, in addition to Raw Story, also writes for Lawyers, Guns & Money. He earned a Ph.D. in English Literature from the University of California, Irvine in 2008.