In a 5-3 ruling with Justice Sonia Sotomayor recused, Justice Antonin Scalia eviscerated almost any opportunity small merchants have to challenge alleged monopolistic practices by American Express in their credit card agreements.
Sound familiar? Earlier this term, the court turned back on
procedural grounds a lawsuit alleging monopolistic practices by
Comcast. A week after that, they turned back the claims of workers to
challenge employer practices as a class.
And in 2011, they issued one of the worst blows to consumer rights in years when they held that consumers challenging $30 fees could not sue together as a class. In each of these cases, the court’s procedural rulings mean the parties may never get to argue about whether these corporations actually violated the law. And as a consequence, these corporations may never be held accountable.
And in 2011, they issued one of the worst blows to consumer rights in years when they held that consumers challenging $30 fees could not sue together as a class. In each of these cases, the court’s procedural rulings mean the parties may never get to argue about whether these corporations actually violated the law. And as a consequence, these corporations may never be held accountable.
Today’s ruling was yet another point in the Chamber of Commerce’s remarkable tally of wins before the Roberts Court, and another chance for the most business-friendly justices in 65 years to side with their friends.
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