Evening cable and network news have almost completely ignored the Supreme Court’s sweeping decision in American Express v. Italian Colors, a 5-3 decision that further privatizes and restricts access to justice for everyday Americans by allowing corporations to immunize themselves from judicial review.
Despite the fact that American Express was a highly contentious pro-business opinion by the conservative bloc of the Supreme Court – even by their extremely corporate-friendly standards – a Media Matters search of Nexis transcripts reveals that with the exception of one brief non-primetime mention on PBS, not one cable or network evening news show addressed the decision.
Traditional contract law has long held that certain unconscionable agreements are unenforceable. Contractual clauses are traditionally voided if they eliminate victims’ ability to enforce their statutory rights, making Justice Antonin Scalia’s American Express opinion to the contrary ‘a betrayal of our precedents, and of federal statutes like the antitrust laws,’ according to Justice Elena Kagan’s scathing dissent.
In this case, American Express used its monopoly powers over a group of small business owners to force them to accept exorbitant credit card fees in a seemingly blatant violation of antitrust statutes. When these small businesses grouped together to pursue a class action protecting […]