Constitutional Law

Arthur Bryant Sets Access to Justice Agenda

Arthur H. Bryant, executive director of Public Justice, details the numerous tools being used by American companies to shutter the nation’s courthouse doors to challenges against their products and treatment of consumers and workers. In a column for The Times, Bryant maintains that the legal doctrine of preemption, which “wipes out state law,” mandatory arbitration, which forces consumers or employees into arbitration, and bans on class action lawsuits are all ways to shield companies from being held accountable in court. All three actions to shut off access to justice must be thwarted, Bryant asserts.

Bryant writes:

We must stop the abuse and expansion of federal preemption, mandatory arbitration, and class action bans. Over a century ago, the Supreme Court said, “The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.” All Americans know this is true. In our country, the courts are the one place where even the poorest, most powerful person can hold the richest, most powerful person or corporation accountable. Extremely emotional and heated disputes are resolved non-violently in the courts every day. If they can’t be, they’ll be resolved in the streets – because our nation is violating the principles on which it’s based.

Full post as published by ACS Blog on November 25, 2008 (boomark / email).