“Piercing the Corporate Veil” Redefined?

I wonder if the court realizes what it has done…
“Piercing the Corporate Veil” is a term used by the courts seeking to remove the protection extended to an equity holder in a corporation. This issue is most often directed toward small, “closed” or “Closely held” corporations, and is the most litigated issue of corporate law.

There are many reasons that would prompt the court to attempt piercing of the corporate veil, but for purposes of this discussion, I want to concentrate on just two as they apply to the United America Campaign Funding and the Hobby Lobby freedom of religion cases: (1) Was the corporation being used as a “façade” to promote the dominate equity holder (s) dealings (alter ego theory)? (2) Did the dominant equity holder use the corporation to advance personal purposes? Apparently, the court answered a resounding “yes!” to each question in each case, and took action not just to pierce, but to effectively remove the corporate veil from these two cases.
They declared, God-like, that a corporation is a person, and that as such, it enjoys the same freedoms and privileges as a person. Nothing in my research convinces me that a corporation is a person. A corporation has no brain. It has no conscience. It has no soul. It has no intellect, other than that provided by the equity holders. It can make no choices. The equity holders make the choices for the corporation. The corporation is no more than a robot with artificial intelligence, and can only act when the owners push the buttons. How can a human being, acting as a justice of the U.S. Supreme Court, reach the conclusion that a corporation is a “person”? My dictionary says a person is an individual, usually a human being. A corporation cannot be defined as a person. A corporation is an entity, (a tool if you will), created under the laws of its home state, solely for the purpose of limiting the exposure to liability of equity holders.

The court, has effectively removed completely, the corporate veil and created two precedents indicating that the corporation and the equity holder are one and the same. The court has not opened a can, but a boxcar full of worms! Closed or closely held corporation equity holders no longer have the protection of the corporate veil. Huge corporations need not worry, because of the large number of shareholders, but the closed, closely held, “mom and pop” corporations have been made extremely vulnerable to liability because of these rulings. But then, what can we expect from the right-wing extremist political types who advocate for huge businesses and have no compassionate for the middle class and the poor?

I cannot condone the action of the court in the two recent rulings mentioned above, and neither should the U.S. House of Representatives whose powers have been usurped by the court. It is not the court’s duty to legislate from the bench, but instead, its duty is to interpret the constitutionality of the laws duly enacted by the legislative branch of our government, the Congress of the United States House members should be entertaining possibility of impeachment of some members of the court!

For several years now, the court has become political rather than the unbiased judicial body it was created to be. Legislation is the duty of the Congress and the court’s function is to determine the constitutionality of such laws. If this is allowed to continue, our country will become something less than countries controlled by oppressive governments we constantly attempt to topple.

Wake up, my friends. This blind man operates from the darkness, but hopefully receives enlightenment from a sense of tolerance and fair play. No one has the right to deny a human being the right to legally do what he or she wants to his or her own body. Congress and the U.S. supreme Court, to prevent you from seeing what they are doing, have wrapped themselves in an imaginary veil of darkness, in hopes that they will succeed in empowering an oppressive and dispassionate small group of billionaires to control our republic. Pierce the veil! They use as their source of light, the ignorance and the apathy of the electorate. Snuff it out! Boycott Hobby Lobby, not the voting booth!

Elect sanity and civility back into our government!

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A votre Sante! J.O.T.

About jotauthor@gmail.com

published author, louisiana cajun, blind, former resident of Omaha, NE, retired, married, father, brother, grandfather, great-grandfather, uncle, member longmont writers club
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