Tuesday, August 05, 2014

They all laughed...

Mmmmm....cooked goose is looking better!
I said, not once, but at least twice, that Burwell v. Hobby Lobby might well destroy the corporate veil, especially for closely held corporations.

It seems 44 law professors agree with me.

And as the report says, the lower courts aren't that good about keeping narrow opinions (even Bush v. Gore has become cited precedent, despite the per curiam opinion) narrowly applied.

Like a leaky dam, the Supremes won't have enough fingers to plug every hole this assault on the corporate veil doctrine will produce in courts across the land.

4 comments:

  1. With no training whatsoever in the law, but using simple common sense, I could see what was coming. With the court's slicing and dicing and narrow opinions, no one should be surprised, least of all the justices, that the can of worms is now open and the worms are loose.

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  2. Alrhough I have a rather large selection of Supreme Court Justices to upset my good manners (yes, I said that) as they hunch over attempting to look like regular human beings during the groupie photos...there is one that really takes the cake in the disgusting-dumb-cluck-wacko-for-life chair...I especially dislike Alioto...so there..he makes me illI am I am quite happy he doesn't have a restaurant on San Franciscos Fisherman Wharf (or maybe that would be a better career choice for him,him, all about him). Chikenshi* on toast! Thank you for letting me get that off my chest during a rainstorm at the foot of the volcano. Love ya, Leonardo

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  3. I would put my hopes on the idea that there aren't enough fingers on the Supreme Court to stop all the holes they opened up in the dike, since they have shown they are quite willing to lie to get to the result they reached, in the very decision you write about.

    I agree about the complete dishonesty of Alito who proved he was able to come to totally different results based on the class of the defendant in the strip search cases which Prof. Sullivan brought up in his confirmation hearing. Those confirmation hearings, along with those for Roberts, opened my eyes to the impunity with which everyone involved could openly and obviously lie and still win Senate confirmation to the Supreme Court. It seems to be a courtesy that the men in The Club grant to each other, The Club being the grads of elite law schools and those who want to get on with them.

    I would love to have corporate investment dry up as a result of this decision, that would cause the oligarchs to dump them faster than a red hot rock.

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  4. Maybe it's all, like, creative destruction and we'll have a happy utopian republic after all of this.

    *sips red wine thoughtfully*

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