My early take on the ACA-contraception-mandate-case argument: Alito conflates the Securities Exchange Act with state-law corporate-structure statutes (yikes); Kennedy really, really wants to give corporations the full complement of human constitutional rights; and Scalia really, really needs to limit this ruling to an interpretation of the Religious Freedom Restoration Act.
…in that particular statement that Denniston recounts, Alito comes off as just plain ignorant. He’s conflating the Securities Exchange Act, which regulates publicly traded corporations, with state-law corporate structure. The…
