Tag Archives: worker’s rights

The Roberts Court: a new Gilded Age and a return to the long-discredited Lochner Era

Jedediah Purdy, professor of law at Duke, recently wrote at the New York Times, The Roberts Court Protects the Powerful for a New Gilded Age:

Faith in courts runs deep in the American liberal imagination. Remembering Brown v. Board of Education, Roe v. Wade and the recent marriage-equality decisions, we keep hoping that wise and fair-minded judges will protect the vulnerable and lead the country toward justice.

Recent decisions upholding President Trump’s travel ban and Texas’ racially skewed voting districts are body blows to this optimism. They are unhappy reminders that for much of American history, the Supreme Court has been a deeply conservative institution, preserving racial hierarchy and the prerogatives of employers.

When it comes to economic inequality, today’s Supreme Court is not only failing to help but is also aggressively making itself part of the problem in a time when inequality and insecurity are damaging the country and endangering our democracy.

Under Chief Justice John Roberts, the court has consistently issued bold, partisan decisions that have been terrible for working people. Janus v. American Federation of State, County and Municipal Employees, was one of them.

Just hours after that decision, Justice Anthony Kennedy announced his retirement. With this “swing” vote gone, Chief Justice Roberts is now likely to take even more control over the direction of issues related to economic inequality — a direction that is earning him a legacy as chief justice of bosses, not workers.

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