Business Gets Its Day in Court
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By Thomas J. Donohue, President and CEO, U.S. Chamber of Commerce |
An increasingly paralyzed Congress, an unpopular war-time president, and an early and fast-developing presidential campaign will likely make it difficult for significant legislation to be signed into law between now and November 2008. The U.S. Chamber will continue to aggressively push for action on its key priorities—energy, education, workforce, trade, etc.—but the executive and legislative branches aren't the only games in town. The business agenda is advancing nicely in an unlikely and often overlooked quarter—the U.S. Supreme Court.
In the recently concluded Supreme Court term, the National Chamber Litigation Center (NCLC)—the U.S. Chamber's legal arm—won a record number of victories in cases critical to the business community. It was the best term since NCLC's inception 30 years ago. In key cases, the Court:
- Rejected attempts to expand the statute of limitations for pay discrimination
- Made clear that plaintiffs may not obtain punitive damages for harm done to others not before the court
- Strengthened pleading rules so that baseless complaints can be weeded out before onerous discovery is sought
- Upheld a Washington state law that restricts how labor unions can use fees collected from nonmembers for political purposes
- Carved out an exception from campaign finance restrictions for true grassroots lobbying ads
The judicial branch is important because it routinely strikes down, upholds, or requires changes to laws and regulations that have profound impacts on businesses' bottom lines, on issues ranging from civil rights to federal preemption to a host of liability issues.
Newspapers across the country are declaring that Chief Justice John Roberts' court is a "pro-business court." That misses the point—our interests are in justices who understand the legal and regulatory system affecting companies and who will give us a fair hearing on the merits.
We believe the Supreme Court did just that during its recent term, but we can't predict what they will do next term. That's why the Chamber will continue to press our judicial agenda in the Supreme Court and the lower courts by supporting the election or appointment of fair and impartial judges who understand business issues.
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