Guest Post by Michael Gizzi — Burwell v. Hobby Lobby
Yes, I am blogging a link to my own writing, hosted on my friend Bruce Reyes Chow’s site.
But here is a snippet:
”What do we make of this decision?
I would argue that the Court’s unwillingness to even address the constitutional issues at stake from Employment Division v. Smith suggest that the Court is not really interested in religious liberty. The five justices in the majority see their interpretation of RFRA as a way to limit part of President Obama’s Affordable Care Act. The same give justices have extended First Amendment speech rights to private corporations in campaign finance matters, the decision today broadly expands the power of corporations, in what truly is a legal fiction. Corporations do not profess religious beliefs. It is a farce to claim they do. This case is about advancing corporate power, not religious freedom.
It is also unclear whether today’s conservative bloc has the same understanding of religious liberty as the six justices who decided Smith in the Rehnquist Court. I remember at the time thinking that Smith was a terrible decision that severely limited individual liberty. Yet, in comparison with the smoke and mirrors of Hobby Lobby, perhaps Smith is ok. Ultimately the problem rests with the way that RFRA is used – and abused – by the Court in today’s decision. And in the end, that all boils down to the idea of Hobby Lobby as even having a religious interest. It is an arts and crafts store, not a church. It is a corporation, not a person.”