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chain Far Niente is with us I he is
I'm always with the actual yeah he's in his arms as you know sir
and and runs our audio board and
is also the a law school grad and the
supreme court reporter for the talk radio news service so you were not just
with us this morning you were
also do in your your your part time job there over talk radio newsman
at the Supreme Court building so what happened well as
it was pretty much what I expected it to be and at what a lot of court watchers
expected
courses that the Hobby Lobby case where where couples corporations have come in
and said
the Affordable Care Act violates our religious freedoms in that we don't want
to provide certain
types of contraceptives he and this is of course corporate personal
again incentives free speech were talking about
freedom of religion as a corporation have the right to exercise religion
in deny its employees certain types of contraception on the Affordable Care Act
in it was your typical ideological split yet again
44 on each side with Justice Kennedy
in the middle in you in his from watching this morning I cannot tell
which way he's going to go
so on the on the right you had
Alito and Roberts and and Scalia and Justice Thomas Thomas doesn't speak
right Jolie's you always know that however however scalia votes Thomas is
gonna vote
or even further to the right address cally usually Evan and
so the first half of the arguments we were
generally that the three female justices going after the attorney up
Paul command the plaintiff for be out for the corporations
I was out so to my or in Kagan mostly a little bit of Justice Ginsburg
I'll interesting questions in sauna marking right now said
are how does a corporation practice religion how they practice their
religion already answered
heat he didn't there are so many questions are asked that you know
they just kinda DUP da gym then move on to a different point
that was when they just do just did not answer I justice kagan:
are injustice I so my arm mostly concentrated on
you know what about blood transfusions you what about
a backs a nation's where is the stop and then a good they went even further
saying
well if what effect it would have a corporation believes in child labour
or doesn't believe in the minimum wage where does this stop you know the
pret-a-porter balls
are the one the one living thing that could occur in this country mother
nowhere in at
I don't know if anyone's really talked about it much but at one point
the Chief Justice Chief Justice John Roberts said arm
about these parades portals that you don't but there isn't really a problem
here because we can just limit this to
I'll closely held corporations and as corporations that this
this write up a corporation to practice religion is going to be a problem with
with publicly traded corporations whose we just deal with these is small
corporations will just would walk or run and others we know the IRS is already
taken that position
you know they have been a yeah and and and here's how it works arm
I I own but the company that owns the show
rank arm it's just louisiana right and where the only stockholders
and so if we were to claim dividends
even and try to say I wanna pay 15 percent income tax on it
the IRS would not let us do that his were small tightly held corporation
where's Jamie diamond can do that all day long with
with the bankamerica whatever reason charger chase when I forget which one he
runs
mine on secondly there are limitations of liability is a big corporations have
if Exxon Mobil creates billions dollars for the damage they can I which is
bankrupt the company in the unit and stockholders can walk away from it
if if our small corporation
were two run up huge debts you personally liable
me %eh internet legally in
you know it does your no multi-factor yes
right they they can always pierce the corporate veil to go after Prince
tightly protected small the small companies
it's very hard to pierce the corporate veil large companies so heat makes a
point
well but if you're ever if you want to take the lead a line
which is you know he is he is clearly his religion
not to knees upon your is corporate personhood
if you're going to see a corporation as a person using their logic since is made
up of people
right then why is a closely held corporation a person and not a publicly
traded corporation
not a person messages last year since because there's less of a consensus with
a publicly traded
you can have three people who hold ok but a closely held corporation f3
completely different religions
right now is what does but with the Solicitor General kam
done for Lee was saying you could have how do you decide
you know the question is if a corporation has a religion
who decides what their religion s is a 51 percent of the shareholders is it the
CEO
right what if what if all that's that's the problem with corporate speech this
is what
in the Stevens dissent was pointed out in Citizens United is
who is the corporation speaking on behalf are they can't be the
shareholders
because the shareholders are so diffuse that the you know there's no is very
rarely a consensus in the part its shareholders that a week less radical
political ad
he can't be the employees even though their largest percentage of people
drawing paychecks in the corporation
because they're not consulted and is so are gay and and it's probably not the
board of directors is typically the CEO
and and is that reasonable I mean should not the CEO simply isn't money
or her own money right but indicates so it is gonna come down to it it is why
those
you know 5-4 rulings again justice kennedy did ask the question what about
the religious
liberties and freedoms our employees are when you say I will not cover
these four types of contraceptives are you not infringing on those individual
employees
religious BOJ the answer there was a wagon
really it be re it was kept lot in these questions
we watch the Supreme Court it is more that he really is a question answer it
argument counter-argument or argument or you don't really mean that the question
really is and then you answer your own question
and mostly just prior once in a while we'll ask again and again and again
but really the justices seem to be are you with one another more often than not
in I will say this is just my personal opinion but the
just that as a surgeon general Verrilli he spent a lot of time
are you with Justice Alito but realized it was a lost cause we didn't put a lot
of
at his heart into it but even spent a lotta time a justice kennedy
right in it as his kennedy's the swing for he is
he is at this point who certainly on this case right term limits when it
appears that way and I cannot tell which way is going up yeah there's always see
him signing onto the Roberts
just we're just gonna you know closely held as corporations will give them a
religious
do you think that the Catholicism over the five right-wingers
I mean became so to me or is also Catholic but she's
you know not made a political it came through so many arguments where
a general Verrilli said we're only talk about contraception and abortion
in held senior robert is clear jumper in said
while Catholics are these people believe that country's second is abortion
priorities for lunch they they actually only object to
poor baby when they I you d right it which prevent implantation
passing chain partner thank you should be thanking thank you