I think it will go against Hobby Lobby because it is a corporation rather than a sole propritor or partnership.
I agree that’s an important issue.
But the exemptions granted to a regulation rather than to a law struck me as a bit more central.
My thought was that all kinds of corporations have corporate beliefs. Mozilla, for example, has beliefs that led them to fire their CEO, whasisname.
I don't see what difference that would make under a 1st Amendment analysis. Citizens United would seem to have resolved that issue in the corporation's favor. Do newspapers loose the right to "freedom of the press" when they incorporate?
But a corporation is recognized as a legal entity. Arguing that the 1st Amendment only applies to people is silly. The 1st Amendment like most contained within the Bill of Rights, doesn’t actually give any rights; it is a restriction on the government. The genius of the Founding Fathers at work.
If the SC rules in favor of Hobby Lobby, and I’m not too optimistic that will happen. It opens up the argument for the baker who doesn’t want his business to make gay wedding cakes and other possibilities. Again, not optimistic that this will occur. But even a broken clock is occasionally right.
“I think it will go against Hobby Lobby because it is a corporation rather than a sole propritor or partnership.”
I think they’ll win, but the decision will only apply to closely held companies, including some corporations. Of course it’s extremely hard to predict the Court with Roberts selectively playing politics with some of his decisions.