CLASS ACTION REFORM:
In 2005, Obama joined Republicans in passing a law dubiously called the Class Action Fairness Act (CAFA) that would shut down state courts as a venue to hear many class action lawsuits. Long a desired objective of large corporations and President George Bush, Obama in effect voted to deny redress in many of the courts where these kinds of cases have the best chance of surviving corporate legal challenges. Instead, it forces them into the backlogged Republican-judge dominated federal courts.
By contrast, Senators Clinton, Edwards and Kerry joined 23 others to vote against CAFA, noting the “reform” was a thinly-veiled “special interest extravaganza” that favored banking, creditors and other corporate interests. David Sirota, the former spokesman for Democrats on the House Appropriations Committee, commented on CAFA in the June 26, 2006 issue of The Nation, “Opposed by most major civil rights and consumer watchdog groups, this Big Business-backed legislation was sold to the public as a way to stop "frivolous" lawsuits. But everyone in Washington knew the bill's real objective was to protect corporate abusers.”
Nation contributor Dan Zegart noted further: “On its face, the class-action bill is mere procedural tinkering, transferring from state to federal court actions involving more than $5 million where any plaintiff is from a different state from the defendant company. But federal courts are much more hostile to class actions than their state counterparts; such cases tend to be rooted in the finer points of state law, in which federal judges are reluctant to dabble. And even if federal judges do take on these suits, with only 678 of them on the bench (compared with 9,200 state judges), already overburdened dockets will grow. Thus, the bill will make class actions – most of which involve discrimination, consumer fraud and wage-and-hour violations – all but impossible. One example: After forty lawsuits were filed against Wal-Mart for allegedly forcing employees to work "off the clock," four state courts certified these suits as class actions. Not a single federal court did so, although the practice probably involves hundreds of thousands of employees nationwide.”
Why would a civil rights lawyer knowingly make it harder for working-class people to have their day in court, in effect shutting off avenues of redress?
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