Re-thinking the corporation’s constitutional rights in the light of the Obamacare

Authors

  • Ana María Ruiz González

DOI:

https://doi.org/10.18042/cepc/rep.181.07

Keywords:

Corporate personhood, freedom of religion, Patient Protection and Affordable Care Act, Obamacare, Religious Freedom Restoration Act.

Abstract

The corporations as right-holders of freedoom of religion was the main topic discussed in the emblematic case of the Supreme Court of the United States Burwell v. Hobby Lobby. In a tight ruling five to four votes, the majority opinion founds the transgression of the I Amendment rights to three closely held corporations due to the imposition of the contraceptive mandate contained in Obamacare. This article explains the context of the case delving into the evolution of the figure of the corporation in the United States, the recognition of the fundamental rights for legal entities and the peculiarities of the American healthcare system. Also summarizes the main arguments and facts of the case and the analysis of its implications.

Issue

Section

ARTICLES