Today, Southern Methodist University will host a lecture by sitting Supreme Court justice Ruth Bader Ginsburg. This event is a great chance to think about the Court’s recent activity, which is worrisome. Many of its decisions continue a trend moving against the people of America. The Court continued its deference to corporations that began with the controversial Citizens United v. Federal Election Comission ruling of last year. It even continued ruling against campaign reform and regulation in Arizona free enterprise club’s Freedom Club PAC v. Bennett.
This is not the first time in history that the Court favored a large powerful group over the people. In the past century the Court would rule against laborer’s rights in favor of monopolies. This was supporting the rising capitalist laissez-faire economics, as well as Social Darwinism. A justice of the time, David Brewer, spoke for the court and said, “The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportations of the mails.”
Then Gov. Sylvester Pennoyer of Oregon denounced the ruling, “Our constitutional government has been supplanted by a judicial oligarchy.”
Corporations have become the new monopolies. The Court gave corporations the right to spend their money on campaigns unrestricted with last year’s Citizens United ruling. Corporations’ influence is now greater on politicians than the public’s because they can spend more. That goes against the principle in the Declaration of Independence that governments must derive “their just powers from the consent of the governed”. Corporations are not governed by the same rules as the average citizen, so they should not have the same voice.
The Arizona ruling was another campaign finance law, an effort to curb private spending by offering candidates who were publicly financed a matching offer, allowing more transparency and equality. The Court who allowed corporations a voice also took away opposition for corporate domination.
They are deferring on more issues than campaigns. Corporate interests are seemingly king. The Court struck down a California law placing restrictions on violent video game sales to minors. California wished to further protect the children with modest regulation beyond the industry. The court ruled in favor of the video game industry and its various corporations. It voted down restrictions to allow for more money to flow into the industry at the expense of the children.
The court prevented what would have been the largest class action suit against Wal-Mart from coming into fruition. In Wal-Mart Stores Inc., v Dukes many women claimed discrimination. The court ruled that the women who brought forward this suit did not constitute a class and chose to let this legal war be fought in many small sporadic cases, which undermines the women’s claim. So Wal-Mart gets to flaunt its wealth to keep it from getting a serious blow dealt.
The Court that Brewer wrote for was willing to brush aside the well-being of Americans. The high court of the land meant to uphold justice in America was instead upholding profits of businessmen, as it is today. Pennoyer’s idea of the judicial oligarchy is becoming prevalent. The way is being paved for corporations to become the ruling class, and the public secondhand citizens. This trend can be reversed, as the monopolies were shattered in the past. Now it’s our obligation to return society to democracy, not oligarchy.
Michael Wilburn is a freshman majoring in political science with a minor in religious studies. He can be reached for comment at [email protected]
