The conservatives on the Supreme Court are fervent in the promotion of religious freedom, but they seem to be even more ardent in their efforts to protect corporate power. This is once again clear in a new ruling in a case involving tech giant Cisco Systems.
Cisco has been the defendant in a lawsuit brought on behalf of a group of Chinese nationals who accused the company of building a surveillance system used by the Chinese Communist Party to assist in the persecution of members of the Falun Gong spiritual movement.
The Chinese plaintiffs filed their case under the Alien Tort Statute, which for several decades has been used by foreign citizens to hold corporations and other parties accountable in U.S. courts for alleged human rights violations around the world, including cases involving torture and genocide. It has been employed by groups such as EarthRights International to bring suits on behalf of individuals and communities against companies such as Unocal, Chevron, Shell, and Chiquita.
It has not been an easy task. Although the law was originally enacted in 1789, the supposed originalists on the Court have treated it with disdain, repeatedly narrowing its application. The new ruling continues that trend by effectively overruling a 2004 decision.
Writing for the majority, Justice Amy Coney Barrett literally said the ruling closes the door on the ability of plaintiffs to sue for violations of international norms. While acknowledging Alien Tort Statute cases often involve “heinous and inhumane acts,” she claims that such transgressions should be addressed by the political branches of the U.S. government.
It is impossible to imagine the current executive branch taking on that responsibility. In fact, the SCOTUS ruling comes only days after the Trump Justice Department urged a federal court in Mississippi to throw out an environmental lawsuit brought by the NAACP to stop Elon Musk’s artificial intelligence business xAI from operating dozens of natural-gas-burning turbines in the state without having a permit.
In doing so, the DOJ made the far-fetched argument that the turbines are essential to U.S. national security and took the outrageous position that the federal government should have unchallenged authority to block environmental lawsuits brought by private groups or individuals.
It is not surprising to see the Trump Administration or the right-wingers on the Supreme Court side with corporate interests. What is alarming is the extent to which they are trying to prevent citizen groups from bringing suits against corporate abuses at all.
At a time when the regulatory system is swinging sharply in favor of business, NGOs should be able to turn to the courts for some measure of relief. As that option is increasingly unavailable, large companies will become untouchable.
That trend is exacerbated by the inclination of many large companies to ingratiate themselves with an administration that is perfectly willing to provide special favors to those it regards as allies. A combination of corporate legal immunity and unabashed cronyism does not bode well for the future of democracy.
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