If you read the article above this one, you can see how SCOTUS screwed America when they made corporate money a form of protected speech. They did it again, albeit not on the same scale. Corporations can band together and fund political candidates in secret per citizens united. Can customers of some giant corporations band together as a class to express themselves in court, or can corporations force them into mandatory arbitration? Are you surprised that SCOTUS gave corporations a big win?
The Supreme Court gave corporations a major win Wednesday, ruling in a 5-4 decision that companies can block their disgruntled customers from joining together in a class-action lawsuit. The ruling arose from a California lawsuit involving cellphones, but it will have a nationwide impact.
In the past, consumers who bought a product or a service had been free to join a class-action lawsuit if they were dissatisfied or felt they had been cheated. By combining these small claims, they could bring a major lawsuit against a corporation.
But in Wednesday’s decision, the high court said that under the Federal Arbitration Act companies can force these disgruntled customers to arbitrate their complaints individually, not as part of a group. Consumer-rights advocates said this rule would spell the end for small claims involving products or services.
In the case before the court, a Southern California couple complained about a $30 charge involving their purchase of cellphone service from AT&T Mobility. The California courts said they were entitled to join with others in bringing a class-action claim against the cellphone company.
But the Supreme Court reversed that decision Wednesday in AT&T Mobility vs. Concepcion. Justice Antonin Scalia said companies may require buyers to sign arbitration agreements, and those agreements may preclude class-action claims. Chief Justice John G. Roberts Jr. and Justices Anthony Kennedy, Clarence Thomas and Samuel A. Alito Jr. formed the majority.
Scalia said companies like arbitration because it is efficient and less costly. "Arbitration is poorly suited to the higher stakes of class litigation," he said.
But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to "insulate" itself "from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money."
Breyer added that a ban on class actions would prevent lawyers from representing clients for small claims. "What rational lawyer would have signed on to represent the Concepcions in litigation for the possibility of fees stemming from a $30.22 claim?" he wrote. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined his dissent… [emphasis added]
Inserted from <LA Times>
After this decision you will not be able to get a cell phone or have a bank account without signing an arbitration agreement. Soon you will not be able to check into a hospital or see a doctor without one. Of course it was the fascist five that goose-stepped together to take rights away from Main Street Americans and give them to criminal corporations.
Now, to those of you who are considering staying home or voting for a minor party with no chance of winning as an expression of protest, consider this. The next two Supreme Court Justices to retire will likely be Breyer and Ginsburg. Now compare Roberts and Alito with Sotomayor and Kagan. If a Republican president gets to appoint the replacement of either, this nation will not survive.
15 Responses to “SCOTUS Screws America Again!”
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Or you can refuse to sign an arbitration agreement. And if a doctor drops you as patient or a cell phone company refuses your business on that basis then you can go without. You may die or may not be able to always be talking to your friends. I don’t know how much experience you have with AT&T but they are pretty big here and every single time THAT I KNOW OF so far have reversed a fee to them who complained in the right way. “Fuck ya, I’ll just go to Verizon or Comcast or WOW or whatever.”
Mark, I’ve had similar experience with Sprite, but when all hospitals jump on the bandwagon, it will be a huge problem. The irony here is that the “small government”, “states rights” Republicans are overturning state laws to protect big nanny government for corporate criminals.
A sad, sobering observation from Sen. Patrick Leahy (I-VT):
http://leahy.senate.gov/press/press_releases/release/?id=a27d603b-78ba-4358-b375-9be94354f307
Leahy is right, but no such legislation will pass while Republicans hold the house and/or have 37 seats or more in the Senate.
At&T has long been favored by Cheney & the likes, so why give them ANY money…their service is lousy, put your money elsewhere! I left them 20 yrs ago & haven’t missed ’em a bit!
I would not do business with them.
What else does one expect when you have Hitler’s Judges sitting on the Supreme Court. Who still believes that one can get a fair trial in any court let alone a hearing before Chief Nazi Judge John Roberts and the rest of Hitler’s Judges?
Wake up America, the Republican Fascist Nazi Party have taken over two branches of the Federal Government and if you continue to sit on your *sses may take the last branch as well. You know I’m talking about the Executive Branch right?
Be sure to vote in 2012 if we still have a Country left by then.
AP I’d say they have 1 1/2. I hope fools see how stupid they were to stay home.
Fuck the Supreme Court. They have become rubber stamps for the corporate agenda. So much for government of, for, and by the people. That is why no conservative Republican must ever again occupy the White House to make further Supreme Court appointments.
Roberts, Scalia, Thomas, Alito, and Kennedy ought to be hanged as traitoras.
I second that emotion.
Least we forgot that we prosecuted, imprisoned or hung Hitler’s lawyers and judges. One day their day will come when we prosecute, imprison or hang them for Treason.
Jack and AP, they cannot be hanged as traitors, because the US is not officially at war. Crimes against humanity is another matter,
I hope Scalia dies and falls face first into a big pile of spaghetti with meatballs. Or on the pot, like Elvis. I’ll settle for either one. They all follow him like sheep. Thomas has been on the court for the last 20 years and has NEVER SAID ONE WORD! He might as well be a pile of shit. I don’t even think he’s written a majority opinion. In 20 years, not a word and not an opinion. We might as well have a turnip in that seat.
Lisa, as soon as Scalia falls, Roberts or Alito will Goose step to the front. To restore balance, a Democrat must appoint the next three Justices.
Once again the Supreme Court shows whose side they are on.
As if we didn’t know.