What quickly grabbed focus, however, was ...
www.journezine.com, 11 Mar 2012 [cached]
What quickly grabbed focus, however, was a stunning series of statements by the lawyer for the Obama Administration, Leondra Kruger, who slashed away at basic rights of religious freedom in her arguments.
Kruger, an Assistant Solicitor General in her mid-30’s, announced - quite matter-of-factly - that religious groups have no special rights of association any greater or different than, say, labor unions. To which Justice Scalia exclaimed: “That’s extraordinary. That is extraordinary. We are talking here about the Free Exercise Clause and about the Establishment Clause, and you say they have no special application? Then there were tough exchanges, evoking near disbelief even from liberal Justice Kagan.
“Do you believe, Miss Kruger, that a church has a right that’s grounded in the Free Exercise Clause and-or the Establishment Clause to institutional autonomy with respect to its employees? asked Justice Kagan. Ms. Kruger replied: “We don’t see that line of church autonomy principles in the religion clause jurisprudence as such.
Wow!
The important phrase here is "as such."
In other words, in the specific application of a religious organization that has been incorporated ("as such"), Kruger is just pointing out what the Justices already know, that as a corporate entity it is no different from any other corporate entity. What the drama was about was that Kruger was arguing that the policy towards religious corporations be separated from the 1st Amendment cover story that has been left in place to hide its corporate status. What Kruger wanted to do was rip off the veil and shove it in America's face, and that shocked even Kagen. No one in that courtroom doubted their authority to dictate corporate policy, however.
If you don't understand the abuse of corporate law, you will never understand the logic of the courts, because it's ALL corporate law now.