This article gets at the heart of an issue Ive been arguing for months concerning Hobby Lobby: to wit, that if, in the case of closely-held corporations, the owner-shareholders are not distinct entities -- indeed, distinct and separate interests -- from the corporate entity (and that appears to be the import of the Courts ruling), then the Supreme Court has effectively permitted a piercing of the corporate veil (i.e., the legal foundation of limited liability that is the reason for incorporating a business in the first place). Its hard to see how the courts could hold, on the one hand, that those interests are separate for purposes of liabilities, while at the same time being indistinguishable when it comes to the religious beliefs of the owner-shareholders. Then again, shameless legal inconsistency seems to be a hallmark of the conservative majority on the Court! Patton Annegan, Frannie Zellman, C Eric Funston
Posted on: Wed, 09 Jul 2014 02:19:58 +0000
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