In case it wasn’t clear already, the U.S. Supreme Court hammered home Thursday morning that it will protect the rights of corporations to force arbitration over the individuals’ access to the court system at any expense.
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.
With Thursday’s ruling, the court added small businesses to the list of aggrieved parties whose access to the courthouse has been foreclosed by boilerplate contracts that prohibit parties from filing their challenge […]