Friday, June 22, 2012

Chamber of Commerce batting a thousand at the Supreme Court

Caricature of Chamber of Commerce seal done by DonkeyHotey (DonkeyHotey) The right-wing coup of the nation's government could very well be complete, at least for now, since Justice Anthony Kennedy has decided to set up a permanent encampment with the dark side of the Supreme Court.

Next week's rulings, including that on the Affordable Care Act, will likely solidfy that, but for now just consider how the term has gone so far for the U.S. Chamber of Commerce. The Constitutional Accountability Center, a left-leaning think tank and law firm, reviewed the cases in which the Chamber has provided briefs to the Court.

It found that the Chamber has had a "string of seven straight victories brings the chamber's overall win/loss rate before the Roberts Court up to 68 percent (60 of 88 cases)." That's significantly better than the Chamber did under the past two chief justices, William Rehnquist (it had a 56 percent win rate) and Warren Burger (a 43 percent success rate).

Without much fanfare, the U.S. Chamber of Commerce is edging towards what could be its first 'perfect' Term before the Supreme Court since at least 1994. With [Thursday's] decision in Southern Union Company v. United States, the Chamber has declared victory in all seven of its cases that have reached a clear outcome. [...]
There are still two cases the Chamber has weighed in on to come, the Affordable Care Act and First American Financial Corporation v. Edwards, where the Chamber is arguing that "violations by banks and title companies of the anti-kickback provision of the federal Real Estate Settlement Procedures Act should not, by themselves, be sufficient to give homebuyers 'standing' to sue violators in court." How Chamber-esque: Being the victim of bank lawlessness isn't in itself sufficient cause to be able to sue the bank!

As the CAC says, "one thing is clear already: the Chamber is quietly having a very, very good year before the Supreme Court." All indications from the Court point to the Chamber cleaning up this term.


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