corporate interests

  • January 6, 2011
    Although many Tea Partiers proclaim to be populists and staunch defenders of the Constitution, a look behind their lofty rhetoric reveals yet another political group devoted to corporate interests, according to a new study by Jamie Raskin, a Maryland state senator and law professor at American University.

    Raskin, also a senior fellow at People For the American Way, writes in "Corporate Infusion: What the Tea Party's Really Serving America," that the "Tea Party movement dresses up its agenda in populist, constitutional and libertarian rhetoric but these gestures are almost always in service of a conservative corporate agenda."

    A century ago, Raskin notes, populists fought "against the ‘coercive potential of the emerging corporate state,' in the words of historian Lawrence Goodwyn (Democratic Promise, 1976). They fought hard for the Constitution to be a charter of democratic rights, freedoms and powers that could enable the people to achieve collective social progress."

    Moreover, Raskin notes the "striking historical irony" of the movement's use of the Tea Party moniker.

    Raskin writes:

    The original Boston Tea Party was a mass popular movement against the special favors and subsidies that the British parliament conferred upon the East India Company, a rapacious corporation that cultivated cozy relations with politicians and an official monopoly on trade with the Far East. When the managers of the East India Company found themselves on the verge of bankruptcy because of their wild and predatory behavior, the Parliament bailed them out by passing the Tea Act of 1773, which exempted the company from having to pay any and all of the taxes that England imposed on colonial merchants, thus essentially extending the company's monopolistic favor to North America.

    This act of corporate welfare and favoritism on behalf of a corporate giant with no connection to the towns and farms of the local communities --not unlike the sweetheart deals and bail-outs regularly cooked up in our time for major corporations-harmed local merchants and was an assault on fair trade in the colonies . It aroused an enormous public fury. Opposition to the bloated subsidies for the East India Company exploded in a spectacular outbreak of anti-British and anti-corporate civil disobedience on December 16, 1773 when patriots disguised as Mohawk Indians boarded three of the company's ships and poured the ample contents of the tea chests into Boston Harbor. This was the Boston Tea Party.

    Today's 'Tea Party' movement arises in a moment of far greater corporate misfeasance and political corruption. However, it remains curiously silent on even the most shocking corporate crimes and depredations. These misdeeds have been made possible by deregulation, weak oversight, cozy relationships among government officials and lobbyists and executives, and the capturing of regulatory agencies by the regulated industries. A Tea Party that lived up to its honorable name today would have spent the 2010 election demanding that the government bring to justice the large corporations that caused far more harm to Americans over the last decade than the East India Company ever did.

     

  • December 31, 2010

    In marking the 75th anniversary of the opening of the current building that houses the Supreme Court, an editorial in The New York Times concludes that the Roberts Court “needs to work harder to live up” to a broader standard and vision. “For that,” the editorial concludes, “justice must be truly democratic, not merely reserved for the powerful.”

    The editorial, “Temple to Justice,” cites authors Judith Resnik and Dennis Curtis who write in “Representing Justice,” that the building designed by Cass Gilbert, is “the major symbol of American courts’ essential role in our democracy and of the Supreme Court’s particular responsibility for making hard choices fairly and openly.”

    But the Roberts Court, the editorial maintains, has established a record that “too often runs counter to this conception: its rulings tend to deny rather than promote access to justice. The sense of being closed off was reinforced in May when the court decided, for security reasons, to stop the public from entering the building through the main bronze doors.”

    The editorial might have also mentioned some of the Roberts Court’s opinions, which some court-watchers have said skew toward corporate interests. Moreover others have noted two Roberts Court’s decisions that have tightened the pleading standards, making it much easier for cases to be tossed quickly out of the court system.

  • August 30, 2010
    The Supreme Court opinion in Citizens United, which gives corporations unfettered ability to pump millions into electioneering, is emblematic of a narrow high court majority that is actively advancing corporate interests, Sen. Sherrod Brown told a gathering of law students at the Ohio State University Moritz College of Law.

    In his speech, hosted by the law school's ACS law student chapter and the ACS Columbus Lawyer Chapter, Sen. Brown focused on progressive periods in the nation and how they produced lasting advancements for civil rights and economic justice. For instance, he lauded three years in the 1960s as "probably the best three years Congress has every had - 1964, 5 and 6, when Congress and a new president, President Johnson, passed Medicaid, Medicare, the Wilderness Act, and the Economic Opportunity Act, including Head Start; passed the Civil Rights and Voting Rights acts." But Brown said that progressive era resulted in pushback from voters who apparently thought Congress moved too quickly, yet enjoyed the benefits of those laws for many years to come.

    He said the current progressive era is receiving enormous pushback from corporate interests. The financial reform package that was recently passed did so over intense corporate interest lobbying - a million per day - Brown maintained. And in Citizens United v. FEC, a slim, but radical, majority of the Supreme Court issued a ruling that will further embolden corporate interests, the senator said.

    Brown noted, "For years, all we've heard over and over again from conservatives is that the courts have taken an activist role; that thirty-year drumbeat ... from conservatives is that we shouldn't make laws from the bench, that liberal courts are making law from the bench, this activism from the judiciary is bad for the country." He said that refrain from conservatives has been heard often, "ad nauseam."

    "But," Brown continued, "there was really no better example of an activist judiciary legislating from the bench than the Citizens United case. It was a narrow Supreme Court ruling from a radical majority; a majority that always, always, always puts corporate interests in front of everything else."

    The Citizens United decision, "will clearly allow corporations to have an even larger influence in our political system," the senator said. Video of Brown's comments is available here or by clicking the picture (right). Video of the entire event, including a question-and-answer session with Brown, is here.

  • June 9, 2010
    The Supreme Court's conservative wing usually sides with corporate interests, according to a new report by the Constitutional Accountability Center (CAC).

    The report, "The Roberts Court and Corporations: The Numbers Tell the Story," states:

    The Supreme Court's 5-4 decision this past January in Citizens United v. Federal Election Commission, holding that corporations have the same constitutional rights aa individuals to spend money to influence elections, has focused a national spotlight on the rulings of the Roberts Court in cases involving the interests of big business and led to charges that the conservative majority on the Roberts Court is being ‘activist' in favoring corporate interests.

    To test empirically the idea that the five conservatives on the Roberts Court tend to side with corporate interests, at least more than their colleagues do, we have examined, for those cases in which the United Chamber of Commerce participated as a party or as an amicus curiae, every opinion released by the Roberts Court since Justice Samuel Alito began participating in decisions in early 2006 through May 2010 - a universe of 53 cases - and we tracked the votes of each Justice in each of the cases. Over that period, a cohesive five-justice majority on the Court has produced victories for the Chamber's side 64% of cases overall, and 71% of closely divided cases.

    Writing for Mother Jones, Stephanie Mencimer concludes the CAC study reveals that Justice Alito (pictured) is the Chamber's most reliable vote, noting he "voted for the Chamber in 75 percent of the cases. Even more striking, however, is that in the most contested 5-4 cases, Alito never voted against the Chamber."