Supreme Inequality Review Pt. 2

Adam Cohen continues his dive into the changes in the Supreme Court. He focuses on how the strong shift to the right had a profound effect on the lives of average American citizens. One example of the shift can be seen in a relatively recent case, Citizens United vs. Federal Election Commission. This decision stated that corporations could not be limited in their ability to make financial contributions to political candidates. Essentially, it stated that corporations have the same First Amendment rights as people. Ultimately, this ruling legitimized the idea that dollars equal votes and has allowed for companies to use their financial strength to lobby politicians. This ruling, made in 2010, has had major impacts on how the average citizen can hold politicians accountable. When a corporation has so much money available to shift perspectives of those who make decisions, the rest of us suffer. The 99% now have an even more difficult time competing with the 1% in the political space where we are all supposed to be equal.

In addition to the Citizens United ruling, Cohen mentions other cases that have increased the dominance of corporations in the political landscape. One of which concerns punitive damages. In BMW of North America Inc. vs. Gore (1996), the court ruled that the punitive damages placed on BMW were grossly excessive and as such should be reduced. Cohen explores the power of punitive damages on corporations in a variety of examples. One of the most striking is that against BP after their part in the gulf oil spill. Cohen argues that if corporations were forced to pay higher punitive damages, it would decrease their likelihood of continuing negligent behavior. They would have a financial incentive to have better practices that didn’t negatively impact citizens. This ruling also weakens the power of the individual to go head to head with monied Goliaths. As the average American citizen lacks the substantial financial strength of corporations, it is nearly impossible for them to hold a corporation accountable.

I agree with the arguments raised by Cohen concerning the responsibility that corporations have to society. I do believe that more strict repercussions for negatively impacting the environment and health of citizens should exist. It is obvious though that after the Warren court, the Supreme Court became less concerned with people in poverty as a special class and more concerned with how corporations could take on less responsibility for their societal harms. By looking at the changes in the Supreme Court, this book demonstrates the changes in our collective politics. We are currently living in a country where political affiliation incites anger and violence. We no longer have the open debates among friends because it is likely that you’ll find out that those around you have extremely different views. Walking in my liberal neighborhood today I heard an SUV of young men yelling Trump 2020 at an older gentleman walking his dog. An exchange ensued that was alarming but not shocking to me. It’s obvious that we’ve moved so far apart from each other that we have an even more difficult time finding common ground. However, after reading this book, I’m more convinced that we cannot move forward without first coming together.