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Bench Memos

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Re: Can a For-Profit Corporation Have a Racial Identity?



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In a Public Discourse essay titled “If a Company Can Be African American, Can’t It Be Religious,” Matt Bowman of the Alliance Defending Freedom nicely develops the implications of the recent Fourth Circuit ruling on corporate racial identity that I highlighted two weeks ago. (Bowman and ADF represent Conestoga Wood Specialties in its pending Supreme Court challenge to the HHS mandate.)

Bowman sums it up: “It would be hard to come up with a more blatant contradiction between what the government rejects as absurd in Conestoga and Hobby Lobby, and what it considers a given when it comes to combating racial discrimination.”



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