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Hobby Lobby Argument Update

Well, it looks like Scalia’s tough stance of 24 years ago has softened substantially with time (and a different set of plaintiffs), according to Court observers. Based upon the justices’ comments and questions, it appears that the conservatives and liberals were pretty sharply and openly divided on this case with the former being firmly in Hobby Lobby’s corner and the latter with the government. Seasoned Court watchers say it looks like it will be a 5-4 decision with Kennedy the swing vote. It’s not clear who he will side with based upon his comments today. But it is immensely disheartening to think that at least four of our Supreme Court justices might not be able to tell the difference between individuals and corporations in certain matters. And lest people think this concern is purely the province of progressives concerned about religious freedom being taken as license for avoiding compliance with laws companies don’t like, corporate law specialists advocated against Hobby Lobby’s position as well. If the Court keeps refusing to see any distinctions between corporations and their owners, it risks eradicating the distinctions that protect owners. The need for the corporate structure and its legal fiction may be eroded to the point of extinction. Unless, of course, the Court’s position is that ONLY corporations have rights, and individuals be damned. A decision is expected in June.


About legalfeet

I'm an essayist, commentator, lawyer and reporter with expertise in Constitutional Law, United States History, religion and public education. I cover current issues involving the First Amendment religion clauses, modern religious movements, scientific history and developments and the events in which these areas converge.


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© Robin Radner and Legalfeet, 2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Robin Radner and Legalfeet with appropriate and specific direction to the original content.
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