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SCOTUS

US Supreme Court And Tyranny Of The Minority

By contrast, the Court has been repeatedly guilty itself of being a tyrant of the minority (as in nine unelected judges reversing laws and regulations) and a tyrant for the minority (as in corporations and the super wealthy) by, for example, overturning 170 democratically enacted laws that protected workers, including children, during the early 20th century. More recently, the Court has granted additional power and authority to corporations and the wealthy few. Supreme Court decisions weakened class action lawsuits against corporations, broadened the immunity protections of pharmaceutical corporations from suits over defective medications, heightened the barriers against workers who sue over workplace retaliation and harassment, increased the ability of commercial corporations to collect damages from municipalities that seek to impose conditions for building permits, and prohibited current US residents from suing Shell Oil corporation for human rights violations in Nigeria.

Victory for Marriage Equality: Supreme Court Refuses Cases

Amazement mixed with anxiety and cautious optimism. That’s how I felt nearly twenty years ago when the U.S. Supreme Court granted cert. in Romer v. Evans, a case in which I was co-counsel for Lambda Legal. In that moment, it was hard to be confident that the Justices would strike down Colorado’s ban on antidiscrimination protections for gay people, given Bowers v. Hardwick’s antigay moralizing, which upheld Georgia’s sodomy law in 1986 and remained the law of the land. Even still, gay rights advocates reasonably feared that efforts to strip basic antidiscrimination protections from gay people would escalate if the Court did not step in to review Romer. Indeed, similar measures had been or were actively under consideration in more than a dozen states during that period.

How Supreme Court Made U.S. Government Illegitimate

Earlier this year, the U.S. Supreme Court ruled, in McCutcheon V. FEC, the court struck down a limit on how much cash an individual could give to all federal candidates during an election cycle. In the 5-4 decision, the majority of justices on the Roberts court ruled that individuals could buy elections. Or, in the words of Chief Justice Roberts,  “government regulation may not target the general gratitude a candidate may feel toward those who support him or his allies, or the political access such support may afford.” In the dissenting opinion, Justice Stephen Bryer, did not hold back in voicing the disgust felt by an overwhelming majority of Americans (if not by a majority of Supreme Court Justices) in writing that the majority’s “legal analysis is faulty: It misconstrues the nature of the competing constitutional interests at stake. It understates the importance of protecting the political integrity of our governmental institutions. It creates a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate’s campaign.”
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