The Supreme Court’s conservative justices sharply criticized part of President Obama’s healthcare law Tuesday, suggesting they will rule later this year that requiring Christian-owned corporations to offer their employees contraceptives coverage violates the freedom of religion.
“Your reasoning would permit requiring profit-making corporations to pay for abortions,” Justice Anthony M. Kennedy told U.S. Solicitor General Donald Verrilli, who defended the contraceptives provision of the Affordable Care Act. ...
... the five conservative justices sounded as if they stood in opposition to the contraceptives mandate.
The case also raises the question of whether for-profit corporations can invoke the religious beliefs of their owners in order to seek an exemption from federal law.
The WSJ live blog notes that:
Justice Sotomayor raised a line of questioning highlighted by a dissenting judge in a lower court. How are courts, she asked, supposed to know whether a corporation holds a particular religious belief? And what happens to the minority members or shareholders of a corporation who may not share the majority’s belief? How much of a corporation’s business has to be dedicated to religion?
Well, we know the answer to that, don't we? Of course, it's reverse veil piercing to the rescue.
Speaking of reverse veil piercing, the blog also reports that CJ Roberts opined that "he was thinking of a narrow ruling allowing closely held companies like Hobby Lobby Stores Inc. to claim a religious exemption, while leaving aside more-complicated ownership structures of publicly traded corporations to another day — a position that Justice Stephen Breyer indicated he might, or might not, be open to."
Which is precisely what reverse veil piercing would do.