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Professor Drobac Says SCOTUS Decision May Fuel Move to Amend Constitution

06/30/2014

The U.S. Supreme Court ruled today that family-owned businesses can't be required by the Affordable Care Act to provide employees with health care coverage for certain contraceptive services.

Jennifer Drobac, professor of law at the IU McKinney School of Law in Indianapolis, noted that the court majority stressed the limited nature of its decision, commenting that this case dealt only with for-profit, closely held corporations.

"The majority dismissed concerns expressed by one dissenter that this decision might apply to publicly traded companies and allow for-profit corporations to opt out of any law that they found incompatible with their sincerely held religious beliefs," Drobac said.

"However, in treating corporations as 'persons,' the court reinforced the personification of corporations found in other recent court decisions such as Citizens United, which recognized a First Amendment right of corporations to make political campaign contributions," she said.

Drobac said the Hobby Lobby decision "may lead to increased interest in a constitutional amendment to abolish corporate personhood, a move that would strip corporations of constitutional protections typically applied to human beings."

Drobac's professional expertise includes employment law and discrimination. 


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