Now this is what I call operating outside the law
by digby
Here's an idea that all rich people can certainly get behind: if the court system requires that you rely on the body of law we've developed over the course of centuries for the rubes and that body of law isn't entirely "comfortable" for certain wealthy interests, just create a new system to fit your needs:
The Delaware Court of Chancery has taken its fight to have a secret business arbitration court to Washington.
Attorneys for the court late Tuesday filed a 116-page “petition for a writ of certiorari” with the U.S. Supreme Court asking the court to review and overturn the decisions of two lower courts that found the secret court violated the U.S. Constitution and the history of openness in the court system.
In their petition to the U.S. Supreme Court, attorneys for the Chancery Court argue that the secret arbitration process does not violate the First Amendment right of access to the courts because it is not a trial, that there is a growing demand for such arbitration and the process is necessary to keep lucrative corporate litigation from being taken overseas.
“Delaware strives to maintain a body of corporate law and set of dispute resolution mechanisms that are up-to-date, fair, predictable, efficient and respected – which is one of the key reasons why most large businesses organize here. If other developed nations provided a dispute resolution system for their corporate citizens better than what is available to businesses organized in Delaware, large multinational companies would have an incentive to relocate,” according to the petition.
See, it's good for everyone if corporations are allowed to operate outside the normal rule of law that's been set up for everyone. Job creation! And of course it should be secret. If citizens, employees and consumers could see what was going on, who knows what might happen?
I would assume that the Supremes would rubber stamp this idea since it favors their corporate soul mates, but this might just get under their skin a little bit. After all, they've been so good to their pals, why would they want to cut out the American legal system? Are they saying there's something wrong with it?
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