Brief of Tri Valley Law, as Amicus Curiae, in Support of Petitioners in the Hobby Lobby/Obamacare Cases, Nos. 13-354 and 13-356, Filed with the United States Supreme Court on Jan. 23, 2014

Abstract

Brief of Tri Valley Law as Amicus Curiae in support of the Hobby Lobby parties in their challenge to the contraception mandate in the Affordable Care Act. This brief was the basis for a subsequent paper on the case, specifically, and the First Amendment Free Exercise Clause implications of the Affordable Care Act as it relates to benefit corporations, generally, published at 39 Del. J. Corp. L. 819 (2015).

In this brief, I argue that the advent of benefit corporations undercuts the government's argument that for profit corporations can't exercise religion. This argument was adopted by Justice Alito in his majority opinion in the case.

Keywords: Hobby Lobby, Obamacare, Conestoga, benefit corporation, first amendment, free exercise clause, RFRA

JEL Classification: I18, K00, K19, K22, K32