{"id":4696,"date":"2011-04-28T02:39:55","date_gmt":"2011-04-28T09:39:55","guid":{"rendered":"http:\/\/www.politicsplus.org\/blog\/?p=4696"},"modified":"2011-04-28T02:39:55","modified_gmt":"2011-04-28T09:39:55","slug":"scotus-screws-america-again","status":"publish","type":"post","link":"https:\/\/www.politicsplus.org\/blog\/2011\/04\/28\/scotus-screws-america-again\/","title":{"rendered":"SCOTUS Screws America Again!"},"content":{"rendered":"

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<\/em>.  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?<\/font><\/p>\n

\n

\"SCOTUS4\"<\/strong><\/p>\n

The Supreme Court gave corporations a major win Wednesday<\/strong>, 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.<\/p>\n

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<\/strong>.<\/p>\n

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<\/strong>, not as part of a group<\/strong>. Consumer-rights advocates said this rule would spell the end for small claims involving products or services.<\/p>\n

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<\/strong>.<\/p>\n

But the Supreme Court reversed that decision Wednesday in AT&T Mobility vs. Concepcion. Justice Antonin Scalia<\/font> said companies may require buyers to sign arbitration agreements, and those agreements may preclude class-action claims<\/strong>. Chief Justice John G. Roberts Jr<\/font>. and Justices Anthony Kennedy<\/font>, Clarence Thomas<\/font> and Samuel A. Alito Jr<\/font>. formed the majority<\/strong>.<\/p>\n

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.<\/p>\n

But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer<\/strong> 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<\/strong>."<\/p>\n

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<\/strong>, Sonia Sotomayor<\/strong> and Elena Kagan<\/strong> joined his dissent\u2026 [emphasis added<\/em>]<\/p>\n<\/blockquote>\n

Inserted from <LA Times<\/a>><\/p>\n

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.<\/font><\/p>\n

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.<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

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 […]<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-4696","post","type-post","status-publish","format-standard","hentry","category-politics","category-5-id","post-seq-1","post-parity-odd","meta-position-corners","fix"],"_links":{"self":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/4696","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/comments?post=4696"}],"version-history":[{"count":0,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/4696\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/media?parent=4696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/categories?post=4696"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/tags?post=4696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}