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The Constitutional Accountability Center (CAC) has found that the Supreme Court has favored big business, using the success of the Chamber of Commerce as a proxy, siding with it in nearly 70% of its cases since John Roberts became Chief Justice, which is a significant increase from 50% in previous decades. The CAC has also noted that the Court tends to review lower court decisions going against corporate interests, creating numerous opportunities for big businesses to overturn unfavorable decisions. Some members of the Court, such as Justices Jackson and Sotomayor, have voiced concerns about the apparent favoritism towards “moneyed interests.”
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Supreme Court Favors Big Businesses Over Individual Rights, Constitutional Accountability Center Reports
The Constitutional Accountability Center (CAC), in examining the operations of the Supreme Court, has found a considerable bias in favor of large corporations over workers, consumers, and environmental causes. The CAC has been keeping tabs on the court’s inclination towards big businesses, using the U.S. Chamber of Commerce’s success rate as an indicator of the court’s alignment with corporate interests.
As revealed by Brian Frazelle and Ana Builes in a Slate piece, the Supreme Court has taken up the U.S. Chamber of Commerce’s stance in approximately 70% of its cases since John Roberts assumed the role of Chief Justice two decades ago. In some terms, the court has sided with the Chamber up to 100% of the time, a major leap from previous decades when the Chamber’s success rate was around 50%. The CAC’s recent report corroborates this finding.
Notable Recognition from Within the Court
The tilt of the Supreme Court towards big businesses has been so conspicuous that several members of the court have started to articulate their concern. Justice Jackson, in a recent dissent, pointed out that “moneyed interests” seem to have a smoother path to relief in the court compared to ordinary citizens. Similarly, in a dissenting opinion from a ruling that could increase hurdles for immigrants seeking to claim torture upon return to their home countries, Justice Sotomayor noted that the court’s conservative majority shows a tendency to subject “politically disfavored” litigants, such as immigrants, to “illogic” and bureaucratic snares while bending over backwards to treat regulated businesses fairly.
The Influence of Big Business Extends Beyond Court Decisions
It’s not just the court’s decisions that show an inclination towards big businesses. Even the cases the court opts to hear reflect this bias. Brian and Ana’s piece in Slate further explains that the justices tend to review lower court decisions that have gone against corporate interests more than those that favor them. In some recent terms, over 90% of the business cases that court decided to hear were corporate challenges to rulings that favored individuals or the government over industry. By operating this way, the court gives businesses plenty of opportunities to overturn unfavorable decisions, while steering clear of putting corporate victories at risk.
Constitutional Protections for All
The Constitutional Accountability Center, as the upcoming Supreme Court Term takes shape, commits to continuing its efforts to ensure that the protections offered by the Constitution extend to everyone, not just the powerful and the affluent.
A Look at Recent and Upcoming Cases
The month of August saw a number of cases being filed and decisions rendered on a variety of issues ranging from gun regulations to birthright citizenship. Some highlights include Fernandez v. United States, Villarreal v. Alaniz, and Black Voters Matter Capacity Building Institute v. Byrd, among others. You can find more details about these cases and others on the CAC litigation page.
CAC Team Updates and Summer Internships
August also witnessed some changes at the CAC. Notably, the team welcomed its new Operations Manager, Ana Lucia Verduzco, who has previously worked with the American Bar Association’s Center for Human Rights. It was also the end of summer internships for Alexander Moreno, Will Cover, and Grace Parker. The CAC also bid goodbye to its 2024-25 Kendall Fellow, Margaret Hassel. We wish them all the best in their future endeavors and gratefully acknowledge their contributions in upholding the progressive promise of the Constitution.
Support CAC’s Constitutional Mission
Donations from supporters like you enable CAC to continue its work to defend the rule of law, advance economic justice, and promote civil and human rights. Please consider a gift of $50, $100, $500 or more to help further the Constitution’s progressive promise.
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