This morning, the Senate Judiciary Committee held a hearing on the
Supreme Court’s recent decisions on corporate misconduct and laws regulating corporations. In a
letter to the Committee, the
Constitutional Accountability Center, a progressive think-tank and law firm, criticized the Court’s “recent trend toward constraining the right of the people to hold corporations accountable for misconduct . . . [as contrary to] the text, history, and structure of our Constitution.”
The letter’s authors criticized recent Supreme Court decisions as showing “a disdain for the voice of the people as expressed through the powerful body of the civil jury,” while "providing favorable treatment to corporations.”
As examples, they cite the Supreme Court’s decision in Exxon Shipping Co. v. Baker, which dramatically reduced a jury verdict awarding punitive damages against Exxon for its culpability in causing an oil spill in Alaska by a factor of 10, and Preston v. Ferrer, where the Court interpreted the Federal Arbitration Act to “force litigants into business-friendly arbitration,” thereby “improperly sacrific[ing] the right of access to the courts to the goals of economic efficiency and expediency.”
In a blogpost, the Center condemned the Court’s recent decisions as “both pro-corporate and anti-originalist.”
In his written statement, Senate Judiciary Committee Chairman Patrick Leahy said:
For all the talk about judges who purport to be ‘strict constructionists,’ a majority of the Supreme Court has repeatedly failed to credit the fact that the right to a civil jury trial is enshrined in our Constitution. One would expect that, in particular, those justices who claim to be ‘originalists’ would uphold the Framers’ emphasis on the role of the jury. Ironically, there is no mention of corporations anywhere in the Constitution.
Hello,
A new Internet radio show "Change of Venue" premiered in the Chicago area on July 14, 2008, coincidentally the anniversary of Bastille Day, at 11:00 a.m. Chicago time. See www.njcdlp.org/Change_of_Venue.html . A new "Change of Venue" (COV) show will be broadcast every two weeks at the same time, and both new topics and tuning in information appear on the Website.
Both COV and the Citizens' Forum on Judicial Accountabilty which preceded it (see Website) are a response to a compelling national problem. Retired Supreme Court Justice Sandra Day O' Connor has been heavily involved in, and other judges have spoken out about judicial independence and the dangers of any further monitoring of the judiciary. And compelling arguments have been made on the first issue. There exists what some term the Sandra O' Connor Project (SOP) a series of conferences extolling to other judges, leaders in business and the media, and civic leaders the point of view of many prominent judges. Part of SOP also educates high school students about the three branches of government. The National Judicial Conduct and Disability Law Project (NJCDLP) called the Citizens' Forum which was held in Washington D. C. this past May 15 so that all voices could be heard on these and related issues.
NJCDLP will prepare and submit a Report to Congress to the Judiciary Committees of both the House and Senate once the new Congress and President are sworn in. The next COV program will discuss the Citizens' Forum, its objectives, and some distinguished members' comments on their expectations and how well they were fulfilled. Other shows will feature some very interesting witnesses at the Forum, and then later some grassroots advocates with their refelections on the state of the judiciary and proposed solutions. Time will be allowed for audience participation. And maybe your insight or comment may make its way into the forthcoming Congressional Report. Stay tuned.
Andrew D. Jackson
Co-Producer
"Change of Venue"
Hello,
A new Internet radio show "Change of Venue" premiered in the Chicago area on July 14, 2008, coincidentally the anniversary of Bastille Day, at 11:00 a.m. Chicago time. See www.njcdlp.org/Change_of_Venue.html . A new "Change of Venue" (COV) show will be broadcast every two weeks at the same time, and both new topics and tuning in information appear on the Website.
Both COV and the Citizens' Forum on Judicial Accountabilty which preceded it (see Website) are a response to a compelling national problem. Retired Supreme Court Justice Sandra Day O' Connor has been heavily involved in, and other judges have spoken out about judicial independence and the dangers of any further monitoring of the judiciary. And compelling arguments have been made on the first issue. There exists what some term the Sandra O' Connor Project (SOP) a series of conferences extolling to other judges, leaders in business and the media, and civic leaders the point of view of many prominent judges. Part of SOP also educates high school students about the three branches of government. The National Judicial Conduct and Disability Law Project (NJCDLP) called the Citizens' Forum which was held in Washington D. C. this past May 15 so that all voices could be heard on these and related issues.
NJCDLP will prepare and submit a Report to Congress to the Judiciary Committees of both the House and Senate once the new Congress and President are sworn in. The next COV program will discuss the Citizens' Forum, its objectives, and some distinguished members' comments on their expectations and how well they were fulfilled. Other shows will feature some very interesting witnesses at the Forum, and then later some grassroots advocates with their refelections on the state of the judiciary and proposed solutions. Time will be allowed for audience participation. And maybe your insight or comment may make its way into the forthcoming Congressional Report. Stay tuned.
Andrew D. Jackson
Co-Producer
"Change of Venue"