The Absolute Absurdity of Blanket Corporate Immunity

[TexasTowelie]

As Congress nears return, the contours of the “coronavirus 4” package—you know, the one with all the stuff Democrats want—are coming more clearly into view. The Democratic proposal looks like a mixed bag, providing big funding for desperately needy states and municipalities, but also a bailout for K Street lobbyists.

On the other side of the aisle, Mitch McConnell, who initially indicated there would be no further stimulus whatsoever, has trained his singular focus for the newest package on blanket legal immunity for corporations. The Senate majority leader, doing the express bidding of the U.S. Chamber of Commerce, claims that the best way to reopen the economy and return to normal is to grant corporations total legal impunity in coronavirus cases, even for those that recklessly expose workers and customers to unsafe, virus-spreading conditions.

It will come as a surprise to almost no one that this is not a priority shared by the American people. In fact, new polling from Hart Research, commissioned by the American Association of Justice, finds that McConnell’s proposal is underwater among nearly every demographic. Sixty-four percent of voters oppose the idea of guaranteed immunity. That opposition cuts across party lines: 72 percent of Democratic voters are against it, as well as 64 percent of independents and 56 percent of Republicans. Undecided voters oppose it at a 73 percent clip; and 63 percent of people who lost jobs or wages had an unfavorable view of the McConnell plan.

Not only is the proposal unpopular, it’s also extremely unnecessary. Already there is an armada of pro-business provisions in place that has obliterated corporate legal vulnerability to the point of near-nonexistence. The wide proliferation of forced arbitration means the vast majority of corporations already enjoy almost total legal immunity. In fact, in employment contracts, car leases, electronics purchases, health insurance, and basically all contracts for credit, sales, and services, Americans have functionally waived their rights—more precisely, had their rights waived by corporations and pro-corporate courts—to hold companies accountable for wrongdoing under local, state, and federal laws. These waivers allow companies to choose their own arbitrator to preside over those disputes.

Read more: https://prospect.org/politics/absurdity-of-blanket-corporate-immunity-coronavirus-bailout/
(American Prospect)

[beachbumbob]

1. GOP's long held wet dream, along with outlawing unions

[sinkingfeeling]

2. Guess which one will pass.

[sop]

3. It's a violation of our First Amendment rights.

The First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

It's the last part that's important: "redress" means resolution, "grievances" means complaints or disputes, and "to petition the Government for redress of grievances" means the right to ask a governmental body - traditionally the courts - to resolve a problem or dispute.

It's a citizens' First Amendment right to have access to the courts to resolve disputes, and the filing of lawsuits is the only legal mechanism we have to do so. Conservative corporatist Republicans pretend they cherish the constitution, but they have no problem chipping away at our rights in order to protect their profits.

[Dustlawyer]

4. Over the last 30 years I have seen our ability to hold corporations accountable reduced

to a small fraction of what it was and should still be. We have had “Tort Reform” take away much, pushed by AstroTurf groups like “Citizens for Lawsuit Abuse”; a total misrepresentation of the McDonalds coffee case, which had everyone in the country believe it was a frivolous suit due to the media protecting their big advertiser by this fraud; arbitration clauses; MDL’s (Multi-district litigation) like the BP oil spill where no one gets to have their day in court; U.S. Chamber of Commerce starting courthouse “newspapers” that jurors can pick up to pass the time and read about ambulance chasers and frivolous lawsuits (The Chamber’s name appears no where in the papers. The papers all have “The Record” in their names like the Louisiana Record, SE Texas Record, West Virginia Record; Wall Street Banks do not get prosecuted for their crimes which hurt the civil litigation; blanket immunity for all generic drug manufacturers and others.. and many other schemes.

The deck is already stacked against plaintiffs suing corporations. Courts of Appeals like the 5th Circuit rule in favor of corporations over individuals over 90% just like the Texas Supreme Court and others. With all of the new Trump appointees taking benches expect this to get much worse.

This country is ruled by the Plutocrats/Donors. Wonder why they get bailed out with our tax dollars and they pay no taxes, while we get no help? We rate our politicians by how much in legal bribes (donations) they rake in, is it no wonder that they seem to represent Donors but not us?

Until we eliminate campaign donations, Super PACs, revolving doors, and require truth in reporting we will not get our country back. We will remain wage slaves subject to the whims of big business!