Tobin Project Scholars File Supreme Court Brief on Rights of Corporations

A group of scholars from the Tobin Project’s Corporations & American Democracy initiative submitted a Supreme Court brief in January, working with attorney Jonathan Massey, in Sebelius v. Hobby Lobby Stores, Inc. The case deals with the religious rights of corporations, and the scholars’ brief provides a key historical overview of corporate rights. 

The scholars’ brief argues that the Supreme Court has not historically treated corporations as persons that enjoy all the rights and privileges of American citizens, and that the Court has been particularly wary of granting liberty rights – as opposed to property rights – to for-profit corporations. The brief, which supports neither party, aims to provide unbiased, scholarly historical research to aid the Justices in their decision and to ensure that future corporate rights decisions stand on firm historical ground.

Read the amicus brief »