Long time readers may recall that SCOTUS Chief Justice Roberts, in a previous life, led the effort to make private justice an acceptable and viable option to our standard justice system. This often results in employment agreements in which the employee is not permitted to sue, but must go through and accept the results of arbitration. Class action suits are especially forbidden.
Controlled by the employer.
In an attempt to remedy the situation, last Thursday the House worked at fixing the situation:
The Democrat-led House voted 222-209 to pass the Forced Arbitration Injustice Repeal (FAIR) Act over the objections of Republicans and business groups who say it will deprive workers, consumers and companies of a faster and cheaper alternative to court. [Reuters]
I do not seriously expect the GOP caucus in the Senate to permit this bill to be debated; it’ll be filibustered, instead.
But it’s worth noting that an appeal to economics, rather than justice, is coming from the GOP. There is some justice inherent in timely justice, yes, but it is easily overwhelmed when a party to the suit has influence over the judging apparatus.
And I’m not familiar with the wording of FAIR, but it’s not hard to see how it could be worded such that arbitration is available when both parties request it voluntarily.
In other words, I’m not impressed in the least with House GOP objections to the bill.
