John Roberts on Corporations
Supreme Court Justice (nominated by Pres. George W. Bush 2005)
In the 2010 Supreme Court 5-4 decision on Citizens United, Chief Justice Roberts selected a case that could easily have been settled on narrow grounds, and maneuvered the Court into using it for a far-reaching decision that, in effect, permits corporate managers to buy elections directly, instead of using more indirect means.
Corporate campaign contributions are a major factor in determining the outcome of elections, and the same is sure to be true of the virtually unlimited advertising for candidates now permitted by the Court. This alone is a significant factor in policy decisions, reinforced by the enormous power of corporate lobbies and other conditions imposed by the very small sector of the population that dominates the economy.
OnTheIssues explanation: Roberts, Scalia & Alito concurred; Stevens, Ginsburg, Breyer, & Sotomayor partly dissented (on grounds that electioneering spending is not protected free speech); Thomas partly dissented (on grounds that anonymous spending is protected free speech).
A former employee sued the FDIC, alleging that the FDIC violated his rights by disciplining and firing him in retaliation for disclosures protected under the RTC Whistleblower Act. The district court found for FDIC on the ground that the FDIC would have taken the same employment actions regardless of any protected disclosures. The plaintiff appeals, but we affirm.
The FDIC hired Koszola in 1991. In Feb. 1993, Koszola was accused of leaking a story about waste & abuse. In Sept. 1993, Koszola testified with other FDIC employees before the Senate Banking Committee about waste & abuse within FDIC operations. In Dec. 1993, Koszola was fired based on charges that he had failed to follow instructions and proper investigative procedures.
The district court correctly reasoned that the FDIC had already adduced clear and convincing evidence that it would have terminated Koszola regardless of any protected activity,
A railroad employee complained that the configuration of locomotives he had been assigned was unsafe because it required excessive use of an independent handbrake. Told to run the configuration as it was, the engineer after 10 hours of work injured his hand while using the handbrake. He never recovered full use of his hand and sued the railroad under the Federal Employers' Liability Act (FELA).
|Other Justices on Corporations:||John Roberts on other issues:|
Ruth Bader Ginsburg
Sandra Day O'Connor
John Paul Stevens
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