Abstract

https://ssrn.com/abstract=2512860
 


 



Comments on the HHS' Flawed Post-Hobby Lobby Rules


Lyman Johnson


Washington and Lee University - School of Law; University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

David Millon


Washington and Lee University - School of Law

Stephen M. Bainbridge


University of California, Los Angeles (UCLA) - School of Law

Ronald J. Colombo


Hofstra University - Maurice A. Deane School of Law

Brett McDonnell


University of Minnesota Law School

Alan J. Meese


William & Mary Law School

Nathan B. Oman


William & Mary Law School

October 20, 2014

UCLA School of Law Research Paper No. 14-18
Hofstra Univ. Legal Studies Research Paper No. 2014-23

Abstract:     
In late August 2014, after suffering a defeat in the Supreme Court Hobby Lobby decision when the Court held that business corporations are "persons" that can "exercise religion," the Department of Health and Human Services ("HHS") proposed new rules defining "eligible organizations." Purportedly designed to accommodate the Hobby Lobby ruling, the proposed rules do not comport with the reasoning of that important decision and they unjustifiably seek to permit only a small group of business corporations to be exempt from providing contraceptive coverage on religious grounds. This comment letter to the HHS about its proposed rules makes several theoretical and practical points about the Hobby Lobby holding and how the proposed rules fail to reflect the Court’s reasoning. The letter also addresses other approaches to avoid in the rulemaking process and argues for rules that, unlike what the HHS has proposed, align with the Supreme Court’s reasoning while being consonant with generally applicable precepts of state law and principles of federalism.

Number of Pages in PDF File: 12

Keywords: corporate law, corporate governance, law, religion

JEL Classification: K10, K20, K22


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Date posted: October 22, 2014 ; Last revised: December 18, 2014

Suggested Citation

Johnson, Lyman and Millon, David and Bainbridge, Stephen M. and Colombo, Ronald J. and McDonnell, Brett and Meese, Alan J. and Oman, Nathan B., Comments on the HHS' Flawed Post-Hobby Lobby Rules (October 20, 2014). UCLA School of Law Research Paper No. 14-18; Hofstra Univ. Legal Studies Research Paper No. 2014-23. Available at SSRN: https://ssrn.com/abstract=2512860 or http://dx.doi.org/10.2139/ssrn.2512860

Contact Information

Lyman P. Q. Johnson (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
540-458-8515 (Phone)
540-458-8488 (Fax)

University of St. Thomas, St. Paul/Minneapolis, MN - School of Law
MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

David K. Millon
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
540-458-8993 (Phone)
540-458-8586 (Fax)

Stephen Mark Bainbridge
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-1599 (Phone)
310-825-6023 (Fax)
HOME PAGE: http://www.professorbainbridge.com
Ronald J. Colombo
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
HOME PAGE: http://www.hofstra.edu/Academics/Law/index_Law.cfm

Hofstra University Logo

Brett H. McDonnell
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
612-625-1373 (Phone)

Alan J. Meese
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-1609 (Phone)
757-221-3261 (Fax)
Nathan B. Oman
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
HOME PAGE: http://nboman.people.wm.edu
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