'Like much of the Court’s Trump-era docket, [the birth-control access case the Court heard this week] tests the institution’s tolerance for shifting goalposts and flimsy political rationales,' writes irin
Photo-Illustration: Igor Stevanovic/Alamy ; Gabriele Gelsi/Alamy ; Volodymyr Shtun/Alamy Stock There was a brief silence, and then a muffling sound, and then Ruth Bader Ginsburg’s voice came through clearly, on the scratchier side of her vocal spectrum but unmistakable. The justice was calling from her hospital bed, where she was being treated for a gallbladder infection, on the third day of the Supreme Court’s historic experiment in conference calling.
That Wednesday, the Court was hearing yet another case, at least the third, pitting birth-control coverage against the religious rights of employers to deny it. The case has the potential to bring more indignity upon the Court than an errant toilet flush. Like much of the Court’s Trump-era docket, it tests the institution’s tolerance for shifting goalposts and flimsy political rationales.
Politics, after all, was behind the perennial conservative claim, again before the Court, that Obama was forcing nuns to pay for abortion. It didn’t matter that the coverage was of contraception, not abortion, or that actual churches were exempt from the policy, and that nonprofits like the nursing homes run by the Little Sisters of the Poor were given the right to opt out of paying for it.
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