The Supreme Court issued a flurry of truly dangerous rulings at the end of its
2023/2024 term.
There was the decision in Donald Trump’s immunity case, of course, which got the
most attention. And I’ve been emailing you about some of the other deeply
misguided rulings the court handed down.
One tremendously bad Supreme Court ruling I haven’t emailed you about — until
now — is the decision in a case called Corner Post . (Supreme Court cases get their names from one or more of the entities involved
— in this case a truck stop in North Dakota.)
This one is as counter to common sense as it gets.
* For decades, it has been settled that legal challenges to federal regulations
— like protections for consumers, workers, and the environment — must be
filed within six years of a regulation being issued (or sometimes sooner,
depending on the particular law).
* After those first six years, corporations (or others) who want to challenge a
regulation are out of time.
* But in Corner Post , the Supreme Court ruled that the clock doesn’t start when a regulation is
issued — instead, the clock starts when a person or business is first
impacted by a regulation.
* So, for example, a corporation formed this year would have until 2030 to
challenge any regulation it wants — even a regulation that has been in effect
for decades.
* But of course it’s easy to form a new corporation — including if you do so
purely for the purpose of challenging an old regulation.
The Supreme Court has made it possible for Big Business to challenge
longstanding regulations — like rules that keep prescription medicines safe,
rules that protect consumers from Big Bank rip-offs, rules that safeguard civil
rights, and much, much more — at any point in time, even when a rule has been in
effect for decades.
The good news is that legislation was just introduced in Congress that would
override the Supreme Court’s disastrous Corner Post ruling and restore time
limits for challenges to critical regulations.
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But it’s up to all of us to make sure members of Congress hear loud and clear
that the American people expect them to take action against yet another
pro-corporate, anti-public Supreme Court ruling.
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Join Public Citizen in urging Congress to pass the Corner Post Reversal Act as
soon as possible. [[link removed]]
Click to add your name now. [[link removed]]
Thanks for taking action.
For progress,
- Robert Weissman, President of Public Citizen
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