Op-ed: Why a more conservative Supreme Court is bad for small business

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If Amy Coney Barrett is confirmed to the U.S. Supreme Court, a more conservative group of justices may cost small businesses, and a current case involving Ford helps explain why.

A case this week exemplifies the wonky, under-the-radar policy changes that could have major implications for small businesses, who are pinned against corporations that the conservative majority has all too frequently favored.

The case does not hinge on Ford's guilt, but how difficult the corporation thinks it should be for someone to hold them accountable. As the conservative majority on the Supreme Court has continued to rule in favor of more corporate loopholes, or barriers for accountability, an under-appreciated but long term effect is an uneven playing field for small businesses.

Under the system that has prevailed for decades, a manufacturer that routinely markets its products in a certain state is subject to jurisdiction there. Large out-of-state manufacturers get all the benefits of operating within a certain jurisdiction, so they must also adhere to its laws. And states provide courts of justice for their injured citizens to prevent them from having to relocate because of a defendant's location.

Currently, "innocent seller" or "seller's exception" laws protect small businesses, but a change in law would reverse that, transferring the burden of responsibility from manufacturers to individual retailers.Small businesses would then bear the burden and expense of litigation not for their own accountability but as a proxy for a corporation, but unlike large corporations, they do not typically have access to litigation resources.

 

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A more 'conservative' court, means a court that helps rich people and the corporations they control. A more 'conservative' court, means a court that legalizes bribery, fraud and insider trading. A more 'conservative' court, means poor people are presumed guilty. LawAndOrder

Laughable.

If the Supreme Court can be labeled as Conservative or liberal the court is passed its mandate and is a joke.

Hahaha. This reeks of desperation.

What's bad for small business is communists.

Is this satire?

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