Business Lobby Continues Winning Ways Before Roberts Court, CAC Reports

May 2, 2013

by Jeremy Leaming

The U.S. Chamber of Commerce has fared increasingly well before the nation’s top court, a trend that does not appear to be dissipating. In fall 2010, the Constitutional Accountability Center (CAC) reported that as the Supreme Court became more conservative, the nation’s lobby for corporate interests began to win more and more of its cases.

In a new report, CAC reveals the Supreme Court continues to hear more cases involving business interests and “that the Chamber continues to win the vast majority of its cases pending before the Roberts Court. Although many of the Chamber’s cases this Term are still pending, it’s already off to a strong start, wining six cases so far and losing only one – a record that’s consistent with (and somewhat stronger than) the Chamber’s overall tally before the Roberts Court to date. Indeed, since John Roberts took over as Chief Justice and Justice Samuel Alito succeeded Justice Sandra Day O’Connor, the Chamber has prevailed in 69 percent of its cases overall (66 of 95 cases from 2006 – 2013).” [Footnote 2 of the report provides more information about the cases already decided this Term].

As its initial report showed the Chamber has found more success protecting its interests as the high court has drifted rightward. The business lobby’s win-rate improved during the Rehnquist Court and has climbed since.

CAC’s report notes the business cases before the high court have been overshadowed by high-profile cases involving equality and voting rights. But as Zachary Roth reports for MSNBC, CAC’s work reveals that an aggressive strategy launched by the Chamber in the ‘70s is paying handsomely.

Roth notes the Powell memo – written by Lewis Powell Jr. before he was nominated to the Supreme Court by Richard Nixon. Powell wrote to the head of the Chamber and warned that an “assault on the enterprise system is broadly based on and consistently pursued. It is gaining momentum and converts.” His memo went on to blast leftists, students on college campuses and Ralph Nader for advancing the alleged attack on free enterprise and softly chastised business leaders for not responding. Powell then encouraged the Chamber to help organize business interests to fight back.

CAC highlights this term’s Comcast Corp. v. Behrend opinion, in which the high court’s right-wing justices claimed the class action suit against Comcast was “improperly certified.”

It’s not the first time the high court’s right-wing bloc has turned to a technicality to dismiss class actions against larger corporations. The opinions in Wal-Mart v. Dukes and AT&T Mobility v. Concepcion were also ones that have helped create a troubling dynamic of a Supreme Court that caters to corporate interests to the great detriment of individuals. Read CAC’s, “Not So Risky Business: The Chamber of Commerce’s Quiet Success Before the Roberts Court – An Early Report for 2012 – 2013.”