The Supreme Court: Corporate America's Employees of the Month
In its marquee cases on issues such as gay marriage and race relations, the Supreme Court wrestles with the meaning of majestic constitutional phrases—“equal protection of the laws” and that sort of thing. In the cases that matter the most to businesses, however, the justices address less-grand-sounding provisions such as Rule 23 of the Federal Rules of Civil Procedure, which governs class actions. It’s not terribly sexy stuff, but arcane rules and jurisdictional statutes often determine the course of global commerce, the terms of employment for millions of workers, and the very nature of justice for many in corporate America.
The 2012-13 high court session, which concluded June 26, saw the justices continue a multiyear pattern of interpreting regulations and statutes in a manner that insulates corporations from liability risks. In other words, the Supreme Court under Chief Justice John Roberts has narrowed the avenues available to employees and consumers seeking to take their grievances before a judge.
