Tuesday, July 8, 2014

Reason #1 SCOTUS Will Regret Hobby Lobby


 


http://www.dailykos.com/story/2014/07/03/1311556/-Reason-1-SCOTUS-Will-Regret-Hobby-Lobby?detail=email#
Nick Anderson: Hobby Lobby Operates by Christian Values - Nick ...
After oral arguments in the Hobby Lobby case, I wrote a very misnamed but widely read diary in which I echoed Attorney and Ring of Fire radio host Mike Papantonio's argument that the SCOTUS would never rule in favor of Hobby Lobby for a really Big Business reason: It pierces the corporate veil.
If Hobby Lobby's owners can give their Corporation religion, their religion gives Hobby Lobby's owners--and any other owner, shareholder, officer, whatever--liability for the actions of the corporation.  Mr. Papantonio, who happens to be one of America's preeminent trial lawyers, sees it as an opportunity to sue owners for the company's negligence.  
I'm luvin' this already if true we should start seeing the real blowback on that decision to further infuse corporations with more powers that individual American citizens don't have.

That separation is what legal and business scholars call the "corporate veil," and it's fundamental to the entire operation. Now, thanks to the Hobby Lobby case, it's in question. By letting Hobby Lobby's owners assert their personal religious rights over an entire corporation, the Supreme Court has poked a major hole in the veil. In other words, if a company is not truly separate from its owners, the owners could be made responsible for its debts and other burdens.
"If religious shareholders can do it, why can’t creditors and government regulators pierce the corporate veil in the other direction?" Burt Neuborne, a law professor at New York University, asked in an email.
That's a question raised by 44 other law professors, who filed a friends-of-the-court brief that implored the Court to reject Hobby Lobby's argument and hold the veil in place. Here's what they argued:
Allowing a corporation, through either shareholder vote or board resolution, to take on and assert the religious beliefs of its shareholders in order to avoid having to comply with a generally-applicable law with a secular purpose is fundamentally at odds with the entire concept of incorporation. Creating such an unprecedented and idiosyncratic tear in the corporate veil would also carry with it unintended consequences, many of which are not easily foreseen.
I wonder if the court right wing side realized this and if not should they be allowed to interpret our laws any longer.  after all this is big in respect to what it appears they were trying to do that being empower the corporate entity they say are people now is coming back to bite them.  these decisions of late hopefully will lead to a reform of scotus tenure and limit their time on the bench, how many better people have we loss by holding on to old guys out of tune and some of questionable character.

we do need to take the country to a different place there is no back because it has always been as it is an oligarchy, just because they are not in office legally does not prevent their directing those politicians in the way they want America to go, with very little consideration of what "we the people" want, money talks while American families walk.