Drudge Retort: The Other Side of the News
Wednesday, July 02, 2014

Lina Khan, Washington Montly: Two recent U.S. Supreme Court rulings -- AT and T Mobility v. Concepcion and American Express v. Italian Colors -- have deeply undercut ... centuries-old public rights, by empowering businesses to avoid any threat of private lawsuits or class actions. The decisions culminate a 30-year trend during which the judiciary, including initially some prominent liberal jurists, has moved to eliminate courts as a means for ordinary Americans to uphold their rights against companies. The result is a world where corporations can evade accountability and effectively skirt swaths of law, pushing their growing power over their consumers and employees past a tipping point.

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Last year Minnesota Senator Al Franken and Georgia Representative Hank Johnson reintroduced the Arbitration Fairness Act, which would prohibit mandatory arbitration in employment, consumer, civil rights, and antitrust disputes. Lawmakers have been floating a version of the bill for seven years. Even its supporters admit that -- given the level of opposition from the Chamber of Commerce and other business interests—it is unlikely to pass anytime soon.

If Congress doesn't act, though, core legislation that Americans have won through decades-long fights for a more just society -- including minimum-wage laws, bans on racial discrimination, and checks on monopolies -- is greatly imperiled

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Screwed by lib judges? OH crap!!!!!!!!!!!!

#1 | Posted by Sniper at 2014-07-02 09:25 AM | Reply | Flag:

Well, you can't sue them well anyway unless you have deep pockets. I really wish there was a good means to reform the court so individuals with limited assets could get through a court battle with the wealthy or a big corporation without going bankrupt. You'd think that since a working court system is one of the "pillars" so to speak of the libertarians that they would be on board with making it work for individuals. Perhaps a civil case should be handled like a criminal on, where if you don't have money for an attorney, you can be appointed one. That may not work so well against the big companies, though.

#2 | Posted by LEgregius at 2014-07-02 10:10 AM | Reply | Flag:

The point is that this was not TOTALLY a conservative creation but rather that SOME liberal judges contributed to it as well. The most recent decisions are clearly split conservative v liberal.

Heaven forbid someone tries to actually be fair and balanced. In all honesty if that is ALL you take away from this article you are the poorer for it.

IMHO - If one of the conservative justices were to be off the court today the people of this country would be so much better off in the long run.

#3 | Posted by GalaxiePete at 2014-07-02 10:21 AM | Reply | Flag:

And thus, Randites' anti-government regulation positions are washed away by the very corporationists they worship.

Then again, maybe they knew that would be the outcome anyways.

#4 | Posted by northguy3 at 2014-07-02 11:12 AM | Reply | Flag:

The decisions culminate a 30-year trend during which the judiciary, including initially some prominent liberal jurists, has moved to eliminate courts as a means for ordinary Americans to uphold their rights against companies

Like I always have said: each builds on what came before them and hardly ever reduces the power of those who control them.

#5 | Posted by kanrei at 2014-07-02 11:18 AM | Reply | Flag:

#2 | Posted by LEgregius - I agree. That is where class actions came from to begin with. But in all honesty class actions mainly just made lawyers rich.

#6 | Posted by GalaxiePete at 2014-07-02 11:32 AM | Reply | Flag:

yeah sure snipe,

Alito, Kennedy, Roberts, Scalia, & Thomas, Liberal Catholic Justices from Hell.

#7 | Posted by nutcase at 2014-07-02 11:34 AM | Reply | Flag:

"including initially some prominent liberal jurists,"

There you go nut.

#8 | Posted by Sniper at 2014-07-02 12:07 PM | Reply | Flag:

Well, I suppose Mitt Rmoney was right..."Corporations are people too, my friend..."....the constant eroding of working class rights....

#9 | Posted by saginawmi at 2014-07-02 12:07 PM | Reply | Flag:

How does that erode the working class?

#10 | Posted by Sniper at 2014-07-02 12:54 PM | Reply | Flag:

"But in all honesty class actions mainly just made lawyers rich.
#6 | Posted by GalaxiePete"

In all honesty they are a tool, in some cases the only tool, to hold a corporation accountable.

#11 | Posted by mOntecOre at 2014-07-02 01:55 PM | Reply | Flag:

How does that erode the working class?

#10 | Posted by Sniper

The fact that you do not know this or fogure it out for yourself is enlightening.

If you cannot sue for your rights..they tend to get "eroded".

#12 | Posted by donnerboy at 2014-07-02 05:43 PM | Reply | Flag:

When you fogure (sic) it out let me know.

#13 | Posted by donnerboy at 2014-07-02 06:18 PM | Reply | Flag:

I guess it is time for People to become Corporations so they can have the same rights as Corporations (who are People, my Friend).

#14 | Posted by donnerboy at 2014-07-02 06:25 PM | Reply | Flag:

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