Jeffrey Toobin’s embarrassingly bad write-up of the Hobby Lobby oral argument

Jeffrey Toobin’s embarrassingly bad write-up of the Hobby Lobby oral argument

Going over to The New Yorker website to find the important 1982 article “The Fate of the Earth” — its author, Jonathan Schell just died — I accidentally noticed, in the “Most Popular” list in the sidebar, that Jeffrey Toobin article, idiotically titled “Women Justices Rock the Hobby Lobby Argument,” about which I thought I’d overcome my feeling that I needed to blog. But the contrast between “The Fate of the Earth” and what Toobin gets away with dropping onto The New Yorker website has got me fired up again.

The stupidest sentence in the article is this:

Solicitor General Donald Verrilli, who was defending the law, invested heavily in the argument that for-profit companies like Hobby Lobby simply do not have rights to religious expression under the First Amendment.

No, he didn’t! Quite aside from the fact that he got nowhere with the argument that for-profit corporations should be treated differently from other corporations, the rights in question were not under the First Amendment. They came from a federal statute called the Religious Freedom Restoration Act, which Toobin never mentions in his article!

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