Justice Ginsburg schools her conservative colleagues on the meaning of the word 'consent'

[turbinetree]

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Source: Think Progress

Gaslighting is not a valid method of statutory interpretation.
Ian Millhiser
Apr 24, 2019, 12:47 pm

The Supreme Court — or, at least, its Republican majority — has an unhealthy obsession with forced arbitration. And, in a decision handed down on Wednesday, the court fed that obsession at the expense of workers throughout the country.

Chief Justice John Roberts’ opinion in the case in question, Lamps Plus v. Varela, relies on a definition of the word “consent” so bizarre, it verges on gaslighting. In a rare move, every single Democratic justice wrote a dissent — including Justice Ruth Bader Ginsburg, whose dissent directly confronts Roberts’ weak understanding of the concept of consent.

Forced arbitration agreements require workers or consumers to sign away their right to sue a company in a real court as a condition of doing business with that company. A customer who refuses to sign would be denied a credit card, a cell phone, or even the ability to check their loved one into a nursing home. And, as the court’s Republican majority held in Epic Systems v. Lewis, a worker can be forced to sign under pain of firing.

Victims of forced arbitration may still bring claims against the company that forced them into the agreement, but these claims must be brought before private arbitrators who are far more favorable to corporate parties than judges. As one study shows, employees are much less likely to prevail before an arbitrator than before a court, and they generally receive far less money when they do prevail.

Read more: https://thinkprogress.org/justice-ginsburg-republican-colleagues-consent-39721c42421e/

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This is why we need to take back the Senate and the keep the House and remove the criminal enterprise in the white house......................................


Thank you Justice Ginsburg.....................Thank you..........

[elleng]

1. And again, in Epic Systems, the Republican majority held

that a company can impose a forced arbitration agreement on its entire workforce under pain of termination.

Roberts’ opinion in Lamps Plus builds on these three decisions, holding that if it is unclear whether a forced arbitration provision permits class actions, the agreement should be read to forbid such claims. The case involves 1,300 workers whose employer turned over their private financial information to a hacker. Most of the company’s employees signed forced arbitration agreements.

In ruling against these employees, Roberts makes an astounding claim on behalf of his court. “‘[T]he first principle that underscores all of our arbitration decisions,'” the Chief claims, “is that ‘[a]rbitration is strictly a matter of consent.'” In Roberts’ view, because the employees signed an arbitration agreement, they therefore must have consented to it — and must be bound by its terms.

But Roberts’ understanding of the word “consent” is absurd. As Justice Ginsburg explains in her dissent, the Supreme Court’s precedents “may preclude judicial remedies even when submission to arbitration is made a take-it-or-leave-it condition of employment or is imposed on a consumer given no genuine choice in the matter.” Workers must “accept arbitration on their employer’s terms or give up their jobs.”

If workers “consent” to forced arbitration, it is the consent of jus primae noctis. It is the consent of a conquered nation that, having seen its armies vanquished, agrees to be ruled by a foreign king. It is the consent of a man who agrees to give up his wallet at gunpoint.

The notion that consent achieved through coercion is no consent at all should not be a difficult concept for five of the most powerful lawyers in the country to understand. And yet this notion escapes all five of the Supreme Court’s Republicans.'

[chowder66]

2. Jesus Christ we are screwed if 5 Republican Justices can't comprehend the term consent. nt

[volstork]

9. Well,

we've actually been screwed for quite some time now.

[Mr. Evil]

7. They know exactly what they are doing.

It doesn't "escape" them at all. Remember 'Citizens United?'

[ancianita]

3. This allows corporations to turn this human governed country into a corporate governed campus.

This is more of USSC's intent to allow fictional personhoods equal standing with human beings, for whom the US Constitution was written.

When is USSC going to see that the greatest assets of its country aren't things.

[pdsimdars]

4. Doesn't that sum up the whole Democratic reaponse? Indignation, but they don't really stop anything

[barbtries]

6. because they don't have the power.

what else would you have Democrats do?
it actually comes down to the people and it always will. shame on us if we don't get out the biggest vote ever seen.

[pdsimdars]

10. Did you ever ask yourself how the Republicans force Democrats to do things and yet

Democrats always seem to have no power. There have been many things said on TV. They can stop his whole agenda. They can also NOT fund any of the projects he has. They can cut off his funds. There are many things they can do, but they don't really want to play hardball because they are afraid of what the mean, nasty right will do to them. Then need to get over that and realize the GOP will never work with them and just do whatever they have to do.

[barbtries]

5. and we need to expand the SC once we have the majorities.

or they will infect this country for generations to come.

[rwsanders]

8. I think a shorter route would be to impeach Thomas and Kavanaugh

But that implies a majority with a backbone.

[Omaha Steve]

11. After a review by forum hosts...locking.

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