We write frequently about the extraordinarily pro-corporate leanings of the current Supreme Court, where the Justices bend the law and twist logic in order to rule in favor of large corporate interests and against the rights of individuals harmed by those interests. In the past week, two new studies have provided powerful numbers to back up the trend.
In a report released on Thursday, the Constitutional Accountability Center found that the corporate lobbying group U.S. Chamber of Commerce has won a stunning two-thirds of the cases that it has been involved with before the Roberts Court. And this weekend, The New York Times reported on a new study from the Minnesota Law Review that found that the current Supreme Court’s five conservative justices have sided with corporate interests at a greater rate than most justices since World War II. In fact, Chief Justice John Roberts and Justice Samuel Alito, both George W. Bush nominees, are the two most pro-corporate Supreme Court justices to sit in the past 65 years:
The Times writes:
But the business docket reflects something truly distinctive about the court led by Chief Justice John G. Roberts Jr. While the current court’s decisions, over all, are only slightly more conservative than those from the courts led by Chief Justices Warren E. Burger and William H. Rehnquist, according to political scientists who study the court, its business rulings are another matter. They have been, a new study finds, far friendlier to business than those of any court since at least World War II.
In the eight years since Chief Justice Roberts joined the court, it has allowed corporations to spend freely in elections in the Citizens United case, has shielded them from class actions and human rights suits, and has made arbitration the favored way to resolve many disputes. Business groups say the Roberts court’s decisions have helped combat frivolous lawsuits, while plaintiffs’ lawyers say the rulings have destroyed legitimate claims for harm from faulty products, discriminatory practices and fraud.
Published last month in The Minnesota Law Review, the study ranked the 36 justices who served on the court over those 65 years by the proportion of their pro-business votes; all five of the current court’s more conservative members were in the top 10. But the study’s most striking finding was that the two justices most likely to vote in favor of business interests since 1946 are the most recent conservative additions to the court, Chief Justice Roberts and Justice Samuel A. Alito Jr., both appointed by President George W. Bush.
The ballot initiative that revoked marriage equality in California has taken a big step towards having its constitutionality determined by America’s highest court. In a long-awaited move, proponents of Prop 8 have petitioned the Supreme Court to review the Ninth Circuit’s ruling in Hollingsworth .v Perry that the ballot initiative violated the federal Equal Protection Clause. A nearly 500 page document, which can found here, lays out their rationale for urging the court to review the case.
Prop 8 Trial Tracker broke down the core of their argument:
The question presented in the case is: “Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman.” The proponents tell the Court that they should answer the “profoundly important question whether the ancient and vital institution of marriage should be fundamentally redefined to include same-sex couples.” They write that leaving the Ninth Circuit’s decision intact would have “widespread and immediate negative consequences” and would leave the impression that any “experiment” with marriage would be “irrevocable”.
The Ninth Circuit issued a very narrow ruling, avoiding the question of whether gay and lesbian couples in general have a constitutional right to marry. Instead, it based its ruling on narrow grounds unique to California, where same-sex couples were left with all the state rights of marriage but not the name. It found that taking their designation of “marriage” while leaving their rights unchanged did not serve any of the purposes put forth by its defenders. Instead, its only purpose and effect was to lessen a targeted group’s status and dignity by reclassifying their relationship and families as inferior. While the Supreme Court will be presented with the narrower question as framed by the Ninth Circuit, it is impossible to tell, if it agrees to hear the case at all, whether they will rule on this principle or more broadly on the ability of states to deny lesbians and gays the right to marry.
The Supreme Court will likely decide in early October whether or not to hear the case. Back in February, PFAW applauded the decision of the Ninth Circuit Court of Appeals in upholding the decision of the district court striking down Prop 8.
Marriage equality is just one of the many critical issues that will come before the Supreme Court when they reconvene next session. The elevation of Prop 8 to the highest level of the judicial system underscores the increasing importance of the Supreme Court and the Presidential election.
It is a difficult to imagine a more conservative Court than the one we have now, but Mitt Romney has pledged to appoint justices even further to the right then John Roberts and Samuel Alito. Romney has also enlisted far-right judge Robert Bork to advise him on judicial matters.
Visit RomneyCourt.com for more on Mitt Romney’s extreme vision for the Supreme Court.
Here’s a quick recap of the Supreme Court’s decisions during the past week: Unions are now further disadvantaged and despite some important changes to the state’s immigration law, racial profiling remains a viable option for Arizona law enforcement.
On June 21, the Supreme Court issued its decision on Knox v. Service Employees International Union (SEIU) Local 1000. The case dealt with a labor policy several states have, known as agency shops, in which employees are not required to become members of the union representing their place of employment, but must pay dues since they benefit from the work the union does. At the point in which all employees working at an establishment that has a union presence are receiving higher wages, more vacation days, and overall better working conditions, it is only fair that all employees pay union dues and not free-ride off of just the union members who pay.
However, in the case of public sector unions, the Supreme Court held a generation ago that non-members have the right to opt out of having their dues used for political activity by the union, effectively weakening the union’s ability to operate on its members’ behalf. In Knox, the Court criticized the balance struck in 1986 and ruled that when the union has a mid-year special assessment or dues increase, it cannot collect any money at all from non-union members unless they affirmatively opt-in (rather than opt-out). This ruling addressed an issue that wasn’t raised by the parties and that the union never had a chance to address, furthering the Right Wing’s goal to hamper a union’s ability to collect dues and make it harder for unions to have a voice in a post-Citizens United political environment. To add insult to injury, Justice Alito let his ideological leanings shine through when he essentially claimed right-to-work laws are good policy.
After the Knox v. SEIU decision, the court released its ruling on the highly contentious 2010 Arizona anti-immigration law, known as S.B. 1070. In a 5-3 decision, the court struck down the majority of the southwestern state’s draconian immigration policy. The court ruled that much of the state’s law unconstitutionally affected areas of law preempted by the federal government, acknowledging the impracticality of each state having its own immigration policy. Oppressive anti-immigrant provisions were struck down, such as one criminalizing the failure to carry proof of citizenship at all times, and a provision making it illegal under state law for an undocumented immigrant to apply for or hold a job. The decision also recognized that merely being eligible for removal is not in itself criminal, and thus the suspicion of being eligible for removal is not sufficient cause for arrest.
Although the majority of S.B. 1070 was overturned by the Supreme Court this week, one component remains, at least for the moment. Officers can still check the immigration status of anyone stopped or arrested if they had “reasonable suspicion” that the individual may be undocumented. This keeps the door wide open for racial profiling. Arresting an individual is not the same as being convicted for a crime. Latinos and other minority groups can be stopped for a crime as simple as jaywalking and “appear” suspicious enough to warrant an immigration background check. By leaving this portion of the law, the US Supreme Court has, for the time being, allowed the potential profiling of thousands of Arizona residents, regardless of whether they are immigrants or US citizens, but has left open the ability to challenge the manner in which this provision is put into practice.
The New York Times posted a must-read editorial highlighting activities by Supreme Court justices, that, particularly in light of the Court’s recent 5-4 decisions favoring corporate special interests over the rights of individuals, create a compelling case for an ethical code of conduct for Supreme Court Justices.
Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be accepted as nonpartisan judgments. Part of the problem is that the justices are not bound by an ethics code. At the very least, the court should make itself subject to the code of conduct that applies to the rest of the federal judiciary.
So many of the Supreme Court’s decisions this term have worked in favor of powerful corporate interests that it’s becoming almost impossible to ignore the ideological biases of the justices. The editorial discusses some of these worrisome rulings, including making it harder “for private lawsuits to succeed against mutual fund malefactors, even when they have admitted to lying and cheating,” and making it “more difficult for class-action suits in all manner of cases to move forward.” in the recent Wal-Mart case.
The federal judiciary was set up to put space between the legal system and political sphere, but it seems more and more that some justices have brought an intense ideological agenda to the bench. If the American people are to trust in the impartiality of the Supreme Court, its justices are going to have to be held to the very highest of ethical standards.
The Constitutional Accountability Center has just released a statistical study of the current Supreme Court’s pro-corporate voting patterns. And guess what? The numbers back the trend that’s anecdotally hard to miss.
CAC’s statistical study tests empirically the idea that the conservatives on the Roberts Court tend to side with corporate interests. Our study examined every opinion released by the Roberts Court since Justice Samuel Alito began participating in decisions, and in which the U.S. Chamber of Commerce was either a party or an amicus curiae — a universe of 53 cases. This study reveals an overall success rate for the Chamber of 64% (34 victories in 53 cases), and a success rate of 71% in cases decided by a narrow (five-Justice) majority. The Court’s conservatives (Chief Justice Roberts and Justices Antonin Scalia, Samuel Alito, Clarence Thomas, and Anthony Kennedy) tend to vote together in their support for the Chamber, while the Court’s moderate/liberal bloc (including former Justice David Souter, who was on the Court for most of these rulings) was more centrist, casting only 41% of its votes in favor of the Chamber.
These data strongly support the proposition that there is a strong ideological component to the Justices’ rulings in business cases, with the Court’s conservatives frequently adopting the Chamber’s position. In one particularly startling finding, Justice Alito, since joining the Court, has never cast a vote against the Chamber of Commerce’s position in a closely divided case. This statistical evidence supports the charge by President Obama and Chairman Leahy that the Court’s conservative majority has a disturbing pro-corporate tilt, and this reality should provide an important frame for General Kagan’s upcoming confirmation hearing.
Don’t say he didn’t warn you. Sen. Jeff Sessions has taken issue with several of President Obama’s criteria for picking a Supreme Court nominee, but he’s especially concerned about the stipulation that the new justice have a “keen understanding of how the law affects the daily lives of the American people.”
That priority, Sessions warned ABC News this week, is “dangerous.”
One has to wonder if Sessions was similarly terrified in 2006, when in his confirmation hearings before Sessions’ committee, now-Justice Samuel Alito made an eloquent speech about his ability to identify with the concerns of immigrants, children, victims of discrimination, and people with disabilities.
But if he sees out-of-touch as the most desirable quality in a Supreme Court justice, Sessions may have found his ideal Justice in John G. Roberts. Roberts has already reassured us that he missed the Internet age entirely. And on Monday, the Chief Justice showed us his lack of concern for low-wage laborers when he belittled the situation of workers forced to sign bad contracts as “economic inequality or whatever.”
If Sessions is looking for a Supreme Court that disregards the lives of ordinary Americans, he’s got it. But maybe it wouldn’t be so dangerous for our newest Justice to understand the difference between “economic inequality” and “whatever.”
If you watched the State of the Union last week, you probably saw Justice Samuel Alito take exception to President Obama's entirely accurate characterization of the Supreme Court's decision in Citizens United v. FEC.
Some people were outraged by Justice Alito's lack of decorum, but not E. J. Dionne in the Washington Post.
Alito did not like the president making an issue of the court's truly radical intervention in politics. I disagree with Alito on the law and the policy, but I have no problem with his personal expression of displeasure.
On the contrary, I salute him because his candid response brought home to the country how high the stakes are in the battle over the conservative activism of Chief Justice John Roberts's court.
Hopefully, Justice Alito's actions at the State of the Union will help feed the conversation about the damage done by the Court's decision in Citizens United and what can be done to fix it.
From Ryan Grim via The Huffington Post:
Sen. Patrick Leahy (D-Vt.) lashed into Supreme Court Justice Samuel Alito on Thursday morning on the Senate floor, calling out the swing vote who overturned a hundred years of precedent to legalize deep corporate involvement in elections.
Leahy said that, in 36 years in the Senate he had never come to the floor to criticize a court decision, but was moved to do so by the activist nature of last week's 5-4 ruling in the Citizens United case.
He personally attacked Alito, noting that his confirmation testimony was under oath, yet was proven false by his brazen and radical dismissal of a century of precedent.
(It's worth it!)
At a town hall meeting last week, John McCain appeared to pledge in earnest to fight discrimination and, if necessary, take offenders to court:
But it was McCain who sided with corporate lobbyists earlier this year and opposed the Lilly Ledbetter Fair Pay Act. Why, you might ask? He claimed “it would lead to more lawsuits.”
Later, at a different town hall meeting, he told a 14-year-old girl that the Fair Pay Act wouldn’t help anyone but “trial lawyers and others in that profession.”
What’s worse, McCain has helped confirm hundreds of right-wing federal judges to the very courts that he claims he would use to fight discrimination. The problem is, those judges – including Chief Justice John Roberts and Justice Samuel Alito – have consistently whittled away at Americans’ protections against discrimination. And they’ve made it increasingly difficult for those Americans’ who do suffer discrimination to win just compensation.
The Ledbetter Fair Pay Act, for instance, was created to undo the damage done by the Supreme Court in the Ledbetter ruling, which made it easier for companies to get away with pay discrimination. McCain not only endorsed the ruling, but he has vowed to nominate more judges like the ruling’s author – Justice Samuel Alito.
If McCain wanted to try some real straight talk for a change, he’d simply tell the women of America that under a McCain administration, they’d be on their own.