Hobby Lobby and Sotomayor's dissent in Wheaton College injunction

++Laurence Tribe, President Obama's constitutional law professor at Harvard, says the verdict is in,"The winds of SCOTUS are blowing in a conservative direction." While he says the decisions are not as bad as they could have been, he wonders whether these are just the first tactical steps toward much more wide-ranging opinions. He cites the gutting of the Voting Act as being based on a previous modification that even had liberal votes but once they found out what it meant they rebelled.

++A blogger at Dailykos caught the legal meat of Justice Sotomayor's scathing dissent against the court issuing a temporary injunction against Wheaton College having to comply with the ACA birth control mandate. The three women justices hollered that only one day after Hobbylobby the court went back on its word that the Hobbylobby case was a one off. Sotomayor was incensed not only by the birth control aspect of the case but that to issue such an injunction the Supreme Court has to use the All Writs Act, which the court has ruled must be used sparingly and that this injunction was extraordinary since she beeves that the school's "sincere religious beliefs" do not trump its social and religious obligations to fill out the PCCA forms. 

++If you have read this blog, you will know that I accepted Mike Papantonio's interpretation of HobbyLobby as ruinous to the veil of corporate indemnity. Mike has pointed out that no business association had filed an amicus curiae brief for HobbyLobby because they thought it jeopardized the immunities granted under corporate law. 

++But Mike said SCOTUS would never side with HobbyLobby. He was wrong. But court observers believe he ultimately is right. Alex Park in Salon writes how 44 corporate law professors filed an amicus curiae brief for the government against Hobby Lobby warning precisely about this situation. They argue that if individuals can push the corporate veil for religious reasons than regulators and shareholders can push back the other way.