The implosion of the housing bubble and resulting Great Recession, BP’s disaster in the Gulf, and Toyota’s delinquent response to Camry brake failures, have all served as powerful reminders of the danger of relying on businesses to respect anything that lies beyond their own interests. Americans depend on the judicial system to protect individuals and society as a whole from the consequences of corporate greed, but decisions from the just-completed Supreme Court term suggest that reliance may be misplaced.
Several recent decisions show that the Roberts Court is deepening its bent of privileging big businesses over public safety. In Pliva v. Mensing,1 Dukes v. Wal-Mart2 and AT&T Mobility v. Concepcion, 3 the Roberts Court showed deference to corporate interests in ways that will endanger consumers and workers for years to come.
