An eight-member Supreme Court over “an extended period of time is harmful to the proper functioning of the Court and to the nationwide rule of law,” a May 20 report by progressive groups People for the American Way and the Constitutional Accountability Center said.
CAC In the News
David Gans, civil rights director at the Constitutional Accountability Center, said the Oklahoma measure is "clearly unconstitutional." Unlike efforts to restrict abortions, he said, "This is not an attempt to regulate. It’s an attempt to flout Supreme Court precedent.”
But even if the measure becomes law, it’s unlikely to withstand legal challenges, said David Gans, civil rights director at the Constitutional Accountability Center in Washington, D.C. Gans said the measure clearly violates the Constitution’s supremacy clause, which ensures the precedence of federal law over state law, as well as the due process clause of the 14th Amendment. “This bill is really flouting these fundamental principles that the Supreme Court has explained and that are the law of the land,” Gans said.
The reasons for the most recent slowdown “boiled down to a reluctance of the ideologically divided eight-member court to take on an issue in which it might not be able to provide a clear answer,” Robert Barnes wrote early this month about an expert panel convened by the Constitutional Accountability Center.
The Court’s decision in the case may have delayed final resolution of the question presented, but the Justices’ opinions in Spokeo make clear why Robins should ultimately get his day in court. They provide an important affirmation that Congress has the power to give consumers a right to sue when corporations violate their federal legal rights.