On Steve Malzberg’s NewsMax TV show earlier this week, Harvard Law Professor and constitutional scholar Alan Dershowitz downplayed the outcome of Monday’s ruling in favor of Hobby Lobby by the Supreme Court in a 5-4 decision.
Dershowitz explained the case was a constitutional decision and said not a single woman should be denied contraception as a result of the ruling.
“[Hobby Lobby] is a monumentally insignificant case,” Dershowitz said. “Why is it insignificant? First of all, it was not a constitutional decision. It was a construction of a statute. Second, the effect will be that not a single woman will be denied contraceptive care, birth control care. The opinion made it clear that there are alternatives by which the women can get adequate contraceptive care and won’t be burdened in any way.”
Dershowitz went on to add it was a decision that balanced the freedom of religion with the needs of the government, which he said could be changed tomorrow by an act of Congress. He called the people from Hobby Lobby “good people” and called the case a “win-win.”
“This is something that can easily be balanced and it’s a win-win,” he added. “You get a result where women get all the contraception treatment that they need and all the preventive care and treatment that they need without requiring very religious people to compromise their religious beliefs. It’s a win-win and I think 10 years or five years from now, nobody will remember this decision. It will not be significant because it was not a constitutional decision.”
(h/t Real Clear Politics Video)
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