Split 5 to 4, Supreme Court Deals a Blow to Class Arbitrations

[turbinetree]

Source: New York Times

By Adam Liptak

April 24, 2019

WASHINGTON — The Supreme Court ruled on Wednesday that workers at a California business could not band together to seek compensation for what they said was their employer’s failure to protect their data.

The vote was 5 to 4, with the court’s conservative members in the majority.

The decision was the latest in a line of rulings allowing companies to use arbitration provisions to bar both class actions in court and class-wide arbitration proceedings. In earlier 5-to-4 decisions concerning fine-print contracts with consumers and employment agreements, the court ruled that arbitration provisions can require disputes to be resolved one by one.

Those rulings can make it difficult for consumers and workers to pursue minor claims even where their collective harm was substantial.

Read more: https://www.nytimes.com/2019/04/24/us/politics/supreme-court-class-arbitrations.html

---

Maybe John Roberts and his fucking clan should reread the Constitution again, but I keep forgetting these fucking Federalist Society assholes don't like the Constitution...................because in the First Amendment We the People have a right to address and petition the government and the court................................not a Federalist Society fucking court, there is no arbitration clause in the Constitution.....................................they, the right wing libertarian federalist society assholes really need to be impeached..........................


Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

https://www.law.cornell.edu/constitution/first_amendment

[WhiteTara]

1. They're working hard to end it

It's quite the read
https://threadreaderapp.com/thread/1120876135737204737.html

[turbinetree]

3. It is not in there job description to make laws in this country

there job description is to make sure it conforms to the Constitution, this is why we need to take back both chambers, ever since the Louis Powell letter and his libertarian right wing doctrine was written, We the People have are and have been getting screwed, because every right wing chief justice like Roberts and his clan have been expanding that Powell crap, literally...................

http://reclaimdemocracy.org/powell_memo_lewis/


and the libertarian theory by one, James McGill Buchanan a professor at the University of Virginia and then settling in at James Mason, to f8uilly implement his crap........................


https://history.duke.edu/book/democracy-chains

Democracy in Chains

Nancy MacLean

Penguin Random House 2017

MacLean, explains pretty much the playbook about the Koch's and everyone else tied to this libertarian crap ...................and how the courts are being decimated.................

I vote on and in every election cycle based on the courts and who I want on the courts, not libertarian right wing republican's sitting on the court .................it is the courts, that's why this 2020 cycle is extremely important, to have a Congress to reverse this stuff....................


Thanks for the info .........................

[WhiteTara]

6. We are being attacked in several ways

by two fronts and we sure need more aware people who are actively working against them.

[turbinetree]

7. I for one am trying to do my part......................and so are you and many others...............

[WhiteTara]

12. ...

[DallasNE]

2. "Justice" Is A One-Way Street

Contrast this with the Hobby-Lobby decision. In that decision they said an owner can impose his deeply held religious beliefs on his workers. Here they say the workers cannot band together for demands against the boss.

They routinely say that the Constitution only applies restrictions on what the government can or cannot do. Free enterprise is pretty much free to do what they want within the laws passed by the government that also comply with what the Supreme Court says the Constitution allows. Here they say there is no law that allows assembling together for a common goal therefore it is illegal to assemble for the common goal even though that activity is allowed if the grievance is against the government. It is a strange position to take but one that is taken all of the time.

[Pepsidog]

5. Good point. Hypocritical bastards

[Pepsidog]

4. Pack the court as soon as politically possible. Impeach Kavenaugh for lying about stuff he shouldn't

have lied about. He needs to go or pack the court when we get a chance. all options should be on the table. No norms works both ways.

[dalton99a]

10. +1

[JohnnyRingo]

8. Another blow to the working poor.

Eliminating class action suits has been a wet dream of conservatives for decades. They've whittled away at it through several decisions to the point it's become almost quaint.

The goal is to have each individual hire an expensive attorney and fight it out in backlogged courts. Needless to say, it's a win for big business that wants favor in dealing with consumers and employees.

[corbettkroehler]

9. The Constitution Is Such An Impediment

It causes all kinds of problems, like being a paid corporate shill dressed as an impartial jurist.

Great summary, by the way!

[3Hotdogs]

11. 5 pieces of shit. (With all due respect.)

[pecosbob]

13. Arbitration clauses should be ruled unlawful as should NDAs

[RhodeIslandOne]

14. Buttery males