Four years after Citizens United, the Supreme Court expanded the rights... in the Hobby Lobby case. ...The company ...was allowed an exemption from a… - Adam Winkler

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Four years after Citizens United, the Supreme Court expanded the rights... in the Hobby Lobby case. ...The company ...was allowed an exemption from a federal rule requiring large employers to include birth control in their employee's health plans. The Hobby Lobby decision has since been cited to support the claims of businesses whose owners do not wish to provide wedding services to same-sex couples on grounds of religion.

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About Adam Winkler

Adam Winkler (born July 25, 1967) is a professor of at the UCLA School of Law.

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Although Americans often think of the Supreme Court as a bulwark to protect minority rights against the tyranny of the majority, the court's record... was dishearteningly bad prior to the 1950s. For most of American history, the Supreme Court failed to protect the dispossessed and marginalized... [T]he court's record on corporate rights was much different. In 1809... corporations won that first case—and have compiled an impressive list of victories... [T]he court has insisted that broad public sentiment favoring business regulation must bend to the demands of the Constitution.

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In December 1882, ... appeared before the justices of the Supreme Court... to argue that corporations like his client, the Southern Pacific Railroad Company, were entitled to equal rights under the Fourteenth Amendment. Although that provision of the Constitution said that no state shall "deprive any person... " or "deny to any person..." Conkling insisted the... drafters intended to cover business corporations too. ...The Fourteenth Amendment had been adopted after the Civil War to guarantee the rights of freed slaves, not to protect corporations. Conkling, however, had unusual credibility... If anyone could testify to the intent of the... drafters, it was Conkling, who was one himself. ...Conkling produced a musty, never-before-published journal that purported to detail his committee's deliberations. ...There was just one small problem with Conkling's account of the drafting... it was not true.

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