Angiulo: Latest Supreme Court Case—More Than Meets The Eye
Email to a friend
Permalink
Monday, December 02, 2013
Leonardo Angiulo, GoLocalWorcester Legal Contributor
In most work places, conversations about political speech and birth control are things to be avoided. If you worked at the Supreme Court, however, these weighty subjects are regular topics. In fact, Supreme Court Justices go looking to start those kinds of conversations by picking and choosing which cases gets a chance to be brought before the Supreme Court. It is only when certiorari is granted that a case goes before the court and gets its very own place in the history of decisions. Of the cases that do get decided, there tends to be an issue in the court's opinion that is very fact driven. There is, however, almost always another topic lurking just below the surface that very quietly makes a big impact.
Take, for example, the pre-Thanksgiving announcement that this year's term of the highest court of the land will include arguments regarding the Hobby Lobby Stores and other corporations claims of religious exemption to the universal health care mandates. The face value of these cases is whether, or not, corporate entities will be held to the terms of the Affordable Care Act, aka Obamacare, aka Romneycare, requiring them to provide health insurance to their employees that includes birth control coverage.
The religious aspects of this case are well summarized in the Federal Government's request for certiorari on the Hobby Lobby case and center on a 1993 law. The law in question is entitled “ Free exercise of religion protected” and, as summarized in the request brief, essentially states that “the government shall not substantially burden a person's exercise of religion unless that burden is the least restrictive means to further a compelling governmental interest.” The corporations in question seek the protection of the statutory provisions collectively known as the Religious Freedom Restoration Act found in 42 U.S.C. 2000 et seq. and the Government, in this case, seeks to enforce the Affordable Care Act.
Whether, or not, the mandates of the Affordable Care Act in general, or birth control coverage requirements specifically, serve a compelling governmental interest are very personal questions. In fact, there are some people that have spent a considerable amount of time coming to very particular conclusions on these subjects. Take the people who own Hobby Lobby as an example. According to their brief to the Supreme Court, their religious principles have cost them hundred of thousands of dollars in lost rents alone, which points to their commitment to their religion. In this case, if they were required to cover those forms of birth control that prevent the implantation of an embryo, they feel that they would be “facilitating what they believe to be an abortion” and would therefore be “violating their faith”.
The Hobby Lobby cases presents a very interesting issue separate and apart from religion: whether the corporations in question are people entitled to the protection of statutory provisions. Interestingly, this question may have been answered in part by the United States Code itself. Reviewing the definitions section of 1 U.S.C. §1 we see that when interpreting statutes, the terms “person” and “whoever” explicitly include corporations and other business entity forms unless the context indicates otherwise.
This concept of corporate personhood may seem to be a little abstract, but it is actually very real. In fact, Corporations are regularly treated as persons in many situations that we are familiar with. As an example, when the United States Attorney General sought accountability for the Mortgage Crises they pursued certain corporations for their alleged role in fraudulent transactions. Entities like JPMorgan were the subject of massive fraud prosecutions that resulted in a multi-million dollar settlement. In those cases, the corporate form itself becomes the defendant rather than the individuals making up the entity.
In addition, the recent case of Citizens United v. Federal Election Commission is an example of Corporate, as well as other organizations, being afforded free speech protections in the context of political speech that may be instructive on the Hobby Lobby cases. The big picture is that, as stated in the Citizens United decision, the First Amendment protections of free speech are applicable to corporations and unions regardless of whether they are “natural persons.” It follows, therefore, that the other part of the First Amendment stating that “Congress shall make no law . . . prohibiting the free exercise thereof” needs to be addressed by the Court one way or the other. This case may just be the context in which to do it.
Empowering the corporate form, just like political donations and birth control, is a topic that lends itself to passionate thoughts and voices weighted with emotion. Consider, for a moment, that the corporate form isn't really some kind of boogie man living in your closet or under your bed trying to get you. It's nothing more than perhaps the most prevalent entity used to do business in the United States and the World. It's fair to say that many people choose to form companies or practice groups in some form or another. By extending the full protections of our Constitutional and Legal framework to for-profit and non-profit groups and organizations we are encouraging people to have faith that the things they dedicate themselves to building will not be unfairly hobbled. Something, like this, that encourages domestic business development should at least be considered because “[a]fter all, the chief business of the American people is business.” Whether or not the business entity that benefits so much from our national policies acts in a socially responsible way, and in so doing gives back, is a separate question.
Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected].
Related Slideshow: The Biggest Movie Stars from New England
Prev
Next
#30
Maxine Bahns
Stowe, Vermont
131 Twitter Follwers
Maxine Bahns was born in 1971 in Vermont, the daughter of a German-American father and a Chinese-Brazilian mother. Maxine left home at 16 and traveled to Barcelona, Valencia, Paris and Rome. Returning to New York, she attended NYU where she majored in Latin and Greek language and literature, also attending acting classes at Three Arts Studios. ...READ MORE
Prev
Next
#29
Linda Lavin
Portland, Maine
1,605 Twitter followers
Born in Portland, Maine to a musically-inclined family (her mother was once an opera singer) and on stage from the age of 5, singer/actress Linda Lavin graduated from The College of William and Mary with a theatre degree. She pounded the New York pavements in the early 1960s searching for work following some stock roles in New Jersey...http://www.imdb.com/name/nm0492089/bio">READ MORE
Prev
Next
#28
Parker Croft
Burlington, VT
3,191 Twitter Followers
Parker Croft grew up in Vermont, and now lives in Los Angeles. Falling Overnight was his screenwriting debut as well as his first leading role. His performance earned him Best Actor Awards at the Nashville Film Festival, the Jax Film Fest, The Blue Whiskey Independent Film Festival, and earned him the Jack Nance Breakthrough Performance Award at the Visionfest Film Festival... READ MORE
Prev
Next
#27
Zosia Mamet
Randolph, Vermont
7,767 Twitter Followers
Zosia Mamet was born on February 2, 1988 in Randolph, Vermont, USA as Zosia Russell Mamet. She is an actress, known for The Kids Are All Right (2010), Girls (2012) and Greenberg (2010). READ MORE
Prev
Next
#26
Robert Capron
Providence, Rhode Island
11,418 Twitter Followers
Robert began his acting career when he was eight years old by enrolling in an after school drama program sponsored by Trinity Repertory Company. Later that year he landed a role as Turkey Boy in Trinity's production of A Christmas Carol. Since that time Robert has performed a variety of roles on stage...READ MORE
Prev
Next
#25
Michaela McManus
Warwick, Rhode Island
22,504 Twitter Followers
Michaela McManus was born on May 20, 1983 in Warwick, Rhode Island, and is a grad of Tollgate. She is best known for Law & Order: Special Victims Unit (1999), The Beautiful Lie (2006) and Café (2011). She has been married to Mike Daniels since July 3, 2011. READ MORE
Prev
Next
#24
Ardin Myrin
Little Compton, RI
30,719 Twitter followers
Arden Myrin was born on December 10, 1973 in Little Compton, Rhode Island. She is an actress and writer, known for MADtv (1995), Evan Almighty (2007) and Kinsey (2004). She has been married to Dan Martin since December 30, 2007. READ MORE
Prev
Next
#23
Alexandra Breckenridge
Darien, Connecticut
34,256 Twitter Followers
Alex Breckenridge was born on May 15 1982 in Darien, Connecticut before moving to California when she was 12. Breckenridge first got an interest in acting at 13 when she performed in local theater productions and soon moved to Los Angeles to pursue her acting career. Her first film was the independent comedy picture Locust Valley (1999). She ...READ MORE
Prev
Next
#22
Chloe Sevigny
Springfield, MA
47,533 Twitter Followers
Known in the mid to late nineties for her status as a fashion impresario and "it girl," with over a dozen art house films to her credit, Chloe Sevigny also stands out as one of the most prominent queens of contemporary independent cinema. Originally hailing from Darien, Connecticut, Sevigny attributes...READ MORE
Prev
Next
#21
Sam Huntington
Peterborough, NH
51,696 Twitter Followers
Sam Huntington was born in Peterborough, New Hampshire, on April 1, 1982. His father is a cabinet maker and owns his own business. His mother is an actress on stage and screen (most famously in Knots Landing). She also is a teacher, writer, and currently serves as Sam's manager. Sam began acting at the age of 9 under the direction of his mother as a part of her children's theater...READ MORE
Prev
Next
#20
Rachel Nichols
Augusta, Maine
63,065 Twitter Followers
Model and actress Rachel Nichols is the daughter of Alison and Jim Nichols, a teacher. After graduating from high school, she attended Columbia University in New York, where she eventually graduated with a double major in math and economics. Whilst at Columbia, she began modeling, launching a successful career with work for such high-profile...READ MORE
Prev
Next
#19
Dylan McDermott
Waterbury, CT
72,201 Twitter Followers
A Golden Globe winner and Emmy nominee, Dylan McDermott has proved his talent in film, television and theater. His film credits include The Pang Brother's The Messengers (2007); Wonderland (2003); Home for the Holidays (1995); Steel Magnolias (1989); Hamburger Hill (1987); Miracle on 34th Street (1994); In the Line of Fire (1993) and Burning Palms...READ MORE
Prev
Next
#18
Wilson Bethel
Hillsboro, New Hampshire
77,793 Twitter Followers
Wilson Bethel was born on February 24, 1984 in Hillsboro, New Hampshire, USA as Stephen Wilson Bethel. He is an actor and writer, known for Hart of Dixie (2011), 1968 Tunnel Rats (2008) and The Young and the Restless. READ MORE.
Prev
Next
#17
Taylor Schilling
Boston, MA
85,958 Twitter Followers
Taylor Schilling was born in Boston, MA. Her father, Robert, is a former prosecutor, and her mother, Tish, works in administration at MIT. Taylor graduated from Wayland High School in 2002, and made her film debut in Dark Matter. She starred in the movies Atlas Shrugged: Part I and The Lucky One, and has a role in director Ben Affleck's Argo. READ MORE
Prev
Next
#16
Mena Suvari
Newport, RI
88,839 Twitter Followers
Mother was a nurse; father was a psychiatrist. Mena was raised in a Rhode Island home that was built in 1870. People Weekly magazine titled an article about her, "All-American Girl" (1999). Declared as the most "patriotic" artist of 2000 by Entertainment Weekly magazine, making allusion to her 3 consecutive movies with the word "American" in their titles: American Pie...READ MORE
Prev
Next
#15
Nadia Bjorlin
Newport, RI
94,465 Twitter Followers
Nadia Bjorlin was born the third of four children. Her parents Mats Ulf Stefan Björlin(Swedish conductor) and Fary Bjorlin (who had two children by a previous marriage). Although she was born in Newport, RI her family soon moved to Sweden. Due to a natural linguist gift and the travel required by her father she is fluent in Swedish...
Prev
Next
#14
Katie Aselton
Milbridge, ME
98,237 Twitter Followers
Katie Aselton (born 1 October 1978) is an American film director, producer, and actress from Milbridge, Maine. She is married to her co-star on The League, Mark Duplass. She directed and co-starred in The Freebie, which was shown in the non-competition "Next" category at the Sundance Film Festival in 2010. She and Duplass previously showed a short...
Prev
Next
#13
Justin Long
Fairfield, CT
115,385 Twitter Followers
A likable, boyish-looking actor with thick eyebrows and a friendly smile, Justin Long is a native of Connecticut. He grew up in Fairfield, the second of three sons. His father, R. James Long, is a Professor of Philosophy at Fairfield University and his mother, Wendy Lesniak, is a former Broadway actress...READ MORE
Prev
Next
#12
Gabriel Mann
Middlebury, VT
183,815 Twitter Followers
Gabriel Mann was born on May 14, 1972 in Middlebury, Vermont, USA. He is an actor, known for The Bourne Supremacy (2004), The Bourne Identity (2002) and Revenge (2011). READ MORE
Prev
Next
#11
Jenna Dewan
Hartford, CT
448,484 Twitter Followers
Jenna Dewan is a former model and dancer and was born on December 3, 1980 in Hartford Connecticut. Jenna grew up in Grapevine, Texas and discovered a love for dancing at the age of five. She is a graduate of Grapevine High School and has also attended the University of Southern California, where she was a member of Pi Beta Phi. Jenna was discovered...READ MORE
Prev
Next
#10
Patrick Dempsey
Lewiston, ME
623,832 Twitter Followers
Patrick Dempsey has lived two charming but separate lives on film and television. From an exuberant, somewhat awkward charmer in college comedy films of the late 1980s and early 1990s, he has morphed spectacularly into a dreamy, wavy-haired television hunk of the new-age millennium and this seductive new image has since spilled off into romantic...READ MORE
Prev
Next
#9
Chris Evans
Boston, MA
685,836 Twitter Followers
Chris Evans - not to be confused with the British DJ and wild man of the same name - began his acting career in typical fashion: performing in school productions and community theater. But it was his rapid rise to stardom that was unusual. Bitten by the acting bug in the first grade because his older sister...READ MORE
Prev
Next
#8
Joanne "Jo-Jo" Levesque
Brattleboro, VT
694,285 Twitter Followers
Joanna Levesque was born in Brattleboro, Vermont. Her mother, a church soloist and theatre performer, would sing hymns when Joanna was a baby. She grew up being a big fan of Whitney Houston, Etta James, Aretha Franklin and Ella Fitzgerald. A few years later she wanted to show her talent to the world and found an audition for Kids Say the Darndest Things...READ MORE
Prev
Next
#7
Mark Wahlberg
Boston, MA
1,110.169 Twitter Followers
Mark Wahlberg is one of a handful of respected entertainers who successfully made the transition from teen pop idol to respected actor. A Best Supporting Actor Oscar nominee for The Departed who went on to receive positive critical reviews for his performance in The Fighter, Wahlberg also is a solid comedy actor, proven by his starring role in Ted...READ MORE
Prev
Next
#6
Elizabeth Banks
Pittsfield, MA
1,342,713 Twitter Followers
Elizabeth Banks was born Elizabeth Mitchell in Pittsfield, a small city in the Berkshires in western Massachusetts near the New York border, on February 10, 1974. She describes herself as having been seen as a "goody two-shoes" in her youth who was nominated for the local Harvest Queen. Banks left...READ MORE
Prev
Next
#5
Anna Kendrick
Portland, ME
1,863,505 Twitter Followers
For her role as "Dinah" in "High Society" on Broadway, Anna Kendrick was nominated for a Tony Award (second youngest ever), a Drama Desk Award, and a Fany Award (best actress featured in a musical). Her spectacular performance landed her the Drama League and Theatre World Award. She was a lead performer with Cabaret's Kit Kat Club at "Carnegie Hall...READ MORE
Prev
Next
#4
Seth Meyers
Bedford, NH
2,092,868 Twitter Followers
Meyers was born on December 28, 1973 in Bedford, New Hampshire, USA as Seth Adam Meyers. He is an actor and writer, known for Saturday Night Live (1975), Journey to the Center of the Earth (2008) and Nick and Norah's Infinite Playlist (2008). He has been married to Alexi Ashe since September 1, 2013. READ MORE
Prev
Next
#3
Mandy Moore
Nashua, NH
2,557,943 Twitter Followers
Amanda Leigh Moore was born in Nashua, New Hampshire, on April 10, 1984 to Don (an airline pilot) and Stacy (a former news reporter). After seeing the musical "Oklahoma!", she decided that she wanted to pursue a career in singing. As a child, she performed the National Anthem at several athletic events around her hometown of Orlando, Florida, and became known as the "National Anthem girl"...READ MORE
Prev
Next
#2
Sarah Silverman
Bedford, NH
4,851,739 Twitter Followers
The sharp tongued actress / comedian / writer from Bedford, New Hampshire who first started out writing in the 1990s for Saturday Night Live, and then moved on to the HBO program Mr. Show with Bob and David. Her quick wit and attractive features meant she was ideal on either side of the camera, and Silverman soon broke into feature films with appearances in Bulworth, There's Something About Mary and The Bachelor...
Prev
Next
#1
Seth McFarlane
Kent, CT
4,992,909 Twitter Followers
Seth MacFarlane was born in the small New England town of Kent, Connecticut where he lived with his father (Ron), mother (Perry) and sister Rachael MacFarlane. He attended and studied animation at the Rhode Island School of Design and, after he graduated, he was hired by Hanna-Barbera Productions (Now called Cartoon Network Studios) working as an ...READ MORE
Related Articles
Enjoy this post? Share it with others.
Email to a friend
Permalink
Follow us on Pinterest Google + Facebook Twitter See It Read It