osewalrus (osewalrus) wrote,
osewalrus
osewalrus

SCOTUS Great Chain of Being: Gov, Individuals, Corporations

What is astounding about the recent spate of cases that closes out this term is the extent to which the Court rather narrowly determines that the rights of individuals have precedence over the power of government, but that corporations are superior to both. This last term in particular boggles the mind in the aggressive nature with which this court pursues a new Lochner regime in which economic activity is regarded as sacred and corporate power its highest expression of good.

The Court upheld an individual right to own firearms, the rights of individuals to to file writs of habeus corpus if held in U.S. custody even if not on U.S. soil, held that a man who murdered his wife could exclude statements made by her previously under the Sixth Amendment confrontation clause, and held that execution where no one actually died violates the 8th Amen. In all of these cases is the inehrent notion of the right of the individual as against government power.

But when individuals went up against corporate interests, they consistently lost. The court held that punitive damages paid by corporations must be limited, held that contracts entered into via negotiation are nevertheless subject to the "filed rate" doctrine and must be presumed valid -- despite the absence of the safeguards which induced the Court to create the filed rate doctrine in the first place. Lawsuits against corporations were consistently harder to maintain. And antitrust continues to take a beating.

I suppose Congress is merely being presceint in privileging teleocms to break the law with immunity to FISA.
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