A new report released today by People For the American Way Foundation explores the extreme pro-corporate jurisprudence of the Supreme Court in recent years, identifying parallels to the Court’s infamous Lochner era a century ago. “The Supreme Court in the Citizens United Era” by PFAW Foundation Senior Fellow Jamie Raskin explores how the Roberts Court’s right-wing majority has established a precedent for privileging corporations over individuals, allowing corporations to enjoy the rights of the people while reducing the rights that people have against corporations.
“The Supreme Court’s decision in Citizens United was a disastrous turning point for our democracy,” said People For the American Way Foundation Executive Vice President Marge Baker. “But it also signifies a broader shift in the way the Supreme Court interprets our laws. Most dangerously, the Supreme Court has transformed the First Amendment from a critical protection against government censorship and oppression into a Get Out of Jail Free card for corporations looking to protect their bottom line.”
As Raskin writes in the report:
“Corporations increasingly enjoy all the rights of the people, but the people increasingly have no rights against corporations. Indeed, as we shall see, the conservative majority on the Roberts Court not only interprets federal law in dubious ways to defeat corporate liability but often works its special wonders to preempt state laws that would hold corporations accountable for civil injuries they cause against patients and consumers.”
The report covers cases ranging from Hobby Lobby, which granted corporations religious rights to opt-out of requirements on women’s health, to Sorrell v. IMS Health, which struck down Vermont’s prescription confidentiality law, to Janus Capital Group, Inc. v. First Derivative Traders, which allowed interlocking corporations to hide assets from individuals defrauded by investment advisors.
Jamie Raskin, who serves as a constitutional law professor at American University Washington College of Law and a Maryland State Senator, in addition to his role as PFAW Foundation Senior Fellow, is available to discuss the report and the Supreme Court’s recent decisions. Please contact [email protected] to schedule an interview.
You can find the full text of the report at: https://www.pfaw.org/media-center/publications/supreme-court-citizens-united-era-century-after-lochner-era-roberts-court-