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DOJ: Free Exercise Clause
Does Not Protect Kosher
Meat Companies

Cybercast News Service, by Terrence P. Jeffrey

Original Article

Posted By:mitzi, 3/28/2014 12:04:31 PM

U.S. Solicitor General Donald Verrilli told the Supreme Court on Tuesday that the First Amendment right to the free exercise of religion and the Religious Freedom Restoration Act (RFRA)—which Congress enacted to guide the Executive Branch and courts in defending that right—would not directly protect kosher or halal meat-processing corporations from a hypothetical federal rule that by generally banning certain meat-processing practices effectively banned kosher and halal meat processing by incorporated businesses. Verrilli told the court that the customers of a kosher or halal meat-processing company--not the company itself--would have cause to sue in such a situation. But he did

Comments:
This article is interesting, though a bit long. It gives some background on cases cited during the Hobby Lobby arguments the other day.

      


Post Reply  

Reply 1 - Posted by: MattMusson, 3/28/2014 1:18:49 PM     (No. 9788389)

95% of the suits against ObamaCare have been dismissed for lack of standing. The DOJ is trying to argue that corporations don´t have standing - only their employees and customers.

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Reply 2 - Posted by: Nevadadad46, 3/28/2014 1:20:52 PM     (No. 9788394)

The Hobby Lobby case is not going to be supported. To offer that corporations can have religious identity is to then forsake all corporate law to date in favor of any religious ideology that one can think up- just for a corporation and marry animals or have fifty wives (oh, they can do that now---er)- but you get my drift. No. The Hobby Lobby argument is dead before it ever gets a breath. Kind of like third trimester abortions...ugh!

But, it´s true. Too bad, and yet, not too bad.

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Reply 3 - Posted by: dman, 3/28/2014 1:45:30 PM     (No. 9788445)

Consider this in light of yesterday´s story about CAIR´s push for Halal food in Dearborn Heights MI, and now NYC schools.

FTA: “Obama and colleagues believe, as they phrase it, only in ´freedom of worship´ not freedom of religion,” said Spero. “They confine religious freedom to the four walls of a building for worship. They do not believe that outside these walls, one is free to practice beyond what Obama decides.

Except, of course, when it involves Muslims in the public schools.

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Reply 4 - Posted by: agrunt, 3/28/2014 2:23:28 PM     (No. 9788506)

If corporations loose their constitutional rights partnership in one form or another will gain popularity. Perhaps LLC´s will work. Some form of a business relationship limiting liability and retaining constitutional rights must be created if folks of a religious belief can continue to do business.

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Reply 5 - Posted by: KTWO, 3/28/2014 2:36:32 PM     (No. 9788531)

#2 accurately outlines the problem with HL and any business entwined with religion.

Government supposedly must let the beliefs be practiced but may regulate business. How?

So I too expect HL to lose. But I never expect any government to recognize any right except tactically where and while it finds doing so convenient.

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Reply 6 - Posted by: mitzi, 3/28/2014 2:51:20 PM     (No. 9788548)

There was an article in Atlantic dated July 18, 2012, entitled The Supreme Court Still Thinks Corporations Are People

http://www.theatlantic.com/politics/archive/2012/07/the-supreme-court-still-thinks-corporations-are-people/259995/

In the Citizens United case - corporations have free speech. Is it so far fetched to think that another First Amendment right wouldn´t also belong to a corporation?

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Reply 7 - Posted by: mitzi, 3/28/2014 3:27:39 PM     (No. 9788603)

The law treats a corporation as a legal "person" that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts.

http://www.law.cornell.edu/wex/corporations



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Reply 8 - Posted by: mickturn, 3/28/2014 4:58:06 PM     (No. 9788760)

DOJ, very weak and incorrect.

Most all the Churches are incorporated...in the law, Corporations are people (period).

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