Even the arch-conservative Judge Janice Rogers Brown, who once said that “in the heyday of liberal democracy, all roads lead to slavery,” was uncomfortable, noting in concurrence, “It leaves us with the unfortunate and quite dubious distinction of being the only court to declare those held at Guantánamo are not ‘persons.’ This is a most regrettable holding in a case where plaintiffs have alleged high-level U.S. government officials treated them as less than human.”

The case went to the Supreme Court twice. The first time the court ordered the court of appeals to reconsider the case, which it duly did, reaching the same conclusion. The second time the Supreme Court declined to hear the case and the appeals court decision remains the law.

So while Muslims in United States custody do not have redress from the coarsest attacks on their religious dignity, corporations do have religious rights that the law protects. Why were my clients, undeniably actual people, abused when they worshiped, while state-chartered artificial entities were allowed an exemption from the law in deference to the religious beliefs of their shareholders?