The Roberts Court’s “Special Solicitude” for Corporations
…Smith jurisprudence,” she wrote. RFRA didn’t expand the scope of religious freedom rights, and in the case law there is “no support for the notion that free exercise rights pertain to for-profit corporations.” There’s a reason for that, Ginsburg maintained. While the Constitution and the courts have long recognized a “special solicitude” for religious organizations, there is no such solicitude for commercial entities. The reason for that is “hardl…
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