Yahoo! - Couric Interview With Ruth Bader Ginsberg (Excerpts) lyrics

[On Hobby Lobby Dissent] Katie Couric: Let's talk about Hobby Lobby. Your 35-page dissent has been described as "blistering" and "scathing". Why did you find this decision so disturbing? Ruth Bader Ginsburg: The decision that an employer could refuse to cover contraceptives meant that women would have to take care of that for themselves, or the men who care. Contraceptive protection is something that every woman must have access to to control her own destiny. I certainly respect the belief of the Hobby Lobby owners. On the other hand, they have no right to force that belief on the hundreds and hundreds of women who work for them who don't hold that belief. I have never seen the free exercise of religion clause interpreted in such a way. Couric: Some people say there's something troubling about mandating a private company to do something against their deeply held religious beliefs. What would you say to those people? Ginsburg: When you're part of a society, you can't separate yourself from the obligations that citizens have. Couric: One criticism of the court is that it's been too cozy with corporations, extending the notion that corporations have the same rights as people, first with Citizens United, then with Hobby Lobby. How do you feel about this? Ginsburg: The Court has recognized that for certain situations, a corporation qualifies as a person. But you have to consider what the particular purpose is. A corporation, as a form of business enterprise. It gives the owners a certain advantage. They won't be responsible for the debts of the corporation beyond the capital of the corporation itself. So, if an individual goes bankrupt, they have to pay. The corporation won't be liable for anything but the capital of the company. But I must stress, my Hobby Lobby dissent really didn't turn on the difference between a corporation and sole proprietorship. My point was that no employer, whatever the business role, should be able to transfer that employer's religious beliefs onto people who do not share that belief. One of the things that I said in the opinion, and the image was, one has freedom to move one's arm until it hits the other fellow's nose. And the same goes with religion. You can exercise freely until the point that it is affecting other people who don't share your views. Couric: All three female justices were in the dissent in Hobby Lobby. Do you believe the five male justices truly understood the ramifications of their decision? Ginsburg: I would have to say no. But, justices continue to think and can change. So, I am ever hopeful that if the Court has a blind spot today, it will open its eyes tomorrow. Couric: But the judges do have a blind spot? Ginsburg: The same kind of blind spot the majority had in the Ledbetter case. Couric: Will the justices understand because they're not women? Ginsburg: They have wives, they have daughters. By the way, I think daughters can change the perception of their fathers. Couric: What do you have to say about Citizens United? Ginsburg: I cannot say anything more about Citizens United other than read the dissent. [On retirement] Couric: What are you thinking when it comes to retirement? Ginsburg: Because I didn't step down last year, there's not much talk about it anymore. People know that I'm here to stay, and my answer is, I will do this job as long as I can do it full steam. When I can no longer think as sharply, write as quickly, that will be the time for me to leave the Court. Couric: That being said, should the political climate and consideration of your replacement be factors in your decision? Ginsburg: All I can say is I'm still here and likely to remain for a while. One of my models is Justice Louis Dembitz Brandeis, who was appointed to the Court at the same age as I was. We were both 60, he retired at 83. I expect to stay at least that long. Couric: I understand Justice [John Paul] Stevens is your new role model, because he retired at 90. Ginsburg: Yes. Couric: Would you like to stay that long? Ginsburg: At my age, we take it year-by-year, and I don't make any predictions. Couric: So when do you know when it's time to hang up the jabot? Ginsburg: As I said, when I can't do the job full-steam.