since when is a Corporation a person ? Since the Roberts Court


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The Roberts Court Sides With Corporations And CEOs Over Average Citizens

The Supreme Court’s final decisions of the term came today, and in the now established tradition of the Roberts Court, they strike another blow to working Americans. In Harris v. Quinn, the five conservative justices undermined public sector unions by barring homecare workers in Illinois from collecting fair share fees to ensure that everyone shares in the cost of bargaining. And in the closely watched Hobby Lobby case, the same five male justices gave unprecedented power to for-profit employers to make health care decisions for their female employees.

Both rulings were handed down from a split court along ideological lines. The majority opinions for both were authored by Justice Samuel Alito, who is considered to be the most business-friendly justice ever; number two is his colleague, Chief Justice John Roberts.

Here’s a little chart that demonstrates how business interests are racking up the Supreme Court wins in the Roberts Court more than ever before:

scotus-chamber

Let’s go through each case where the court chose to trample on the rights of the people at the expense of the powerful:

Harris v. Quinn

Public sector unions bargain on behalf of all of their workers — even if a particular worker does not belong to the union. Typically, non-members pay a fair share fee to ensure all employees, regardless of whether they are members of the union, receive the collectively bargained-for benefits. In Harris v. Quinn, the Roberts court ruled 5-4 that some Illinois home-care workers who did not want to join the union but still saw their wages rise thanks to collective bargaining are exempt from having to pay those fees. The decision weakens the ability for public sector unions to bargain on behalf of their workers. When staffing and safety decisions are taken out of the hands of the first responders that know them best and put into the hands of politicians and corporate CEOs, that makes us all less safe.

The court did not go as far as to entirely agree with the anti-union plaintiffs; the plaintiffs sought to essentially end unions as we know them by arguing that it is unconstitutional to require any non-union members to pay to reimburse unions that bargain on their behalf. By contradicting previous rulings and acting in an activist manner, however, the court left the door open to future rulings that further weaken unions, hurt middle class workers and put more power in the hands of corporations and CEOs.

That makes it more important than ever for working Americans to stand up like they have at fast-food strikes around the country and negotiate for the rights, freedom and dignity they deserve. A single court ruling doesn’t negate our obligation to keep fighting to restore the American middle class.

Burwell v. Hobby Lobby

Bosses should not be able to interfere with a woman’s access to affordable birth control. Period. But today, five men sitting on the Supreme Court decided that they do. The majority ruled 5-4 that owners of for-profit, secular businesses who have religious objections to birth control may defy federal rules requiring that they include contraceptive care in their employees’ health plans because it violates the employer’s religious liberty rights.

The decision is an example of judicial activism that benefits corporations at its worst. Think Progress Justice Editor Ian Millhiser explains:

For many years, the Supreme Court struck a careful balance between protecting religious liberty and maintaining the rule of law in a pluralistic society. Religious people enjoy a robust right to practice their own faith and to act according to the dictates of their own conscience, but they could not wield religious liberty claims as a sword to cut away the legal rights of others. This was especially true in the business context. As the Supreme Court held in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.”

With Monday’s decision in Burwell v. Hobby Lobby, however, this careful balance has been upended. …The rights of the employer now trump the rights of the employee.

Let us clarify: Religious liberty is the right to practice religion as you wish and the freedom to not have religion imposed on you by others, especially corporations.

The reality of the decision is that while it was celebrated on the right as protecting people of faith, it actually hurts them: a substantial majority of almost every major U.S. Christian group support the idea that corporations like Hobby Lobby should be required to provide employees with healthcare plans that cover contraception and birth control at no cost. Moreover, Julia K. Stronks, an evangelical Christian and political science professor at Whitworth University, points out the irony that “although the owners of these for-profit corporations oppose the contraceptive requirement because of their pro-life religious beliefs, the requirement they oppose will dramatically reduce abortions.”

There is no doubting the slippery slope of the Hobby Lobby case when it comes to businesses using religious liberty to deny any number of rights to individuals. We must being to work now to re-establish a meaningful and appropriate religious liberty in America.

BOTTOM LINE: Today’s Supreme Court rulings from five conservative justices use judicial activism to benefit corporations and CEOs while hurting workers and women. The Roberts Court’s friendliness to corporate interests and the powerful at the expense of regular Americans is continues to be unprecedented, and it continues to be critical that progressives use every available avenue to fight back.

latimes.com


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Make the pledge for Initiative 594 in Washington


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We’re gearing up for a fight this fall in Washington state.

Nine out of 10 Americans support expanding background checks. It’s the right thing to do. But because some members of Congress refuse to stand up to the gun lobby, OFA supporters are taking the fight to the state and local level wherever we can make real progress.

OFA-Washington volunteers are part of a progressive coalition that helped gather enough signatures to put Initiative 594 on the ballot this November, a common-sense gun violence prevention measure to expand background checks on gun sales.

Folks on the ground have been building momentum on this issue for months, and that’s huge — but it’s just the start.

Right now, we stand a real chance to make progress in Washington state, in spite of the powerful and well-funded special interests. The other side is banking on the hope that you won’t be coming out to support this, so we’re asking folks to simply make a pledge to vote for Initiative 594 this November to make sure this initiative passes.

Background checks save lives, plain and simple, so this is important — will you make the pledge to vote for Initiative 594?

We’re in for a showdown on this one — the gun lobby has introduced their own initiative that would roll back background checks to the federal minimum, reversing the progress we’ve already seen on this issue in Washington.

Let’s be clear: Initiative 594 shouldn’t be controversial — it’s a logical extension of the background check law currently in place. Right now, all retail gun dealers must run a simple background screening on folks looking to purchase guns.

But right now Washingtonians can buy guns at gun shows, online, or in private transactions with no background check of any kind.

Initiative 594 would close those loopholes and extend the same rule to all gun purchases. It’s common sense, and it’s something that most Washingtonians support.

You know as well as I do that we’re up against powerful, well-funded interests here. It’s going to take everyone who cares about this issue to do their part.

This is about keeping our families and communities safe — add your name today and pledge to vote for Initiative 594:

 

Thanks,

Kelly

Kelly Byrne
National Issues Campaign Manager
Organizing for Action

Corporate Deserters?


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Some Corporations Are Moving Addresses Overseas To Dodge Paying Fair Share Of U.S. Taxes

walgreens

We talk a lot about the grave problem of inequality and how our economy is not working for most Americans. One of the causes of this big problem is that corporations and the wealthiest are taking advantage of the system, exploiting tax loopholes, and rigging the game to benefit themselves, often at the expense of everyone else. The latest tax-dodging tactic that some corporations are considering using is a perfect example of this rigged system–and demonstrates why we need our legislators to take decisive action to stop it.

What Is The Problem?
A loophole in the tax code essentially allows a corporation to renounce its corporate citizenship in the United States, move its address overseas by merging with a foreign company, and dodge its U.S tax obligations by paying most of its taxes to a foreign government with lower tax rates than the U.S. The process takes place primarily on paper — most corporate operations remain here. The corporations that do this want all the benefits of being an American company without paying their fair share of taxes. That makes the rest of us pick up the tab.

The practice has become known as “inversion.” But what it really amounts to is desertion. And it could cost Americans tens of billions of dollars.

Who Is Taking Advantage?
There are 47 firms in the last decade that have exploited this loophole, according to new data compiled by the nonpartisan Congressional Research Service. But it’s a hot topic again because at least a dozen U.S. firms are currently considering taking advantage of it.

One of those corporations is Walgreen. The company has always prided itself on being America’s go-to pharmacy: from 1993 to 2006, it had the slogans “The Pharmacy America Trusts” and “The Brand America Trusts.” A biography of the company is entitled, “America’s Corner Store: Walgreen’s Prescription For Success.” Walgreen chief executive Gregory D. Wasson has said the company is “proud of our Illinois heritage.”

At the same time, Walgreen is currently considering merging with European drugstore chain Alliance Boots and move to Switzerland as part of a plan to dodge up to $4 billion in U.S taxes. The company that gets almost a quarter of its $72 billion in revenue directly from the government through Medicare and Medicaid is trying to reap even more profits while leaving taxpayers holding the bag.

Walgreen isn’t the only one. Pfizer, the pharmaceutical company, tried merging with the smaller U.K.-based AstraZeneca earlier this year and switch its address, where the tax rate is lower. It was estimated the move would save them at least $1 billion a year in tax obligations to the U.S. (the deal ultimately didn’t go through). Medtronic, a medical device company, plans to move its corporate address to Ireland, a tax haven, to avoid paying U.S. taxes on $14 billion. Chiquita, the banana distributor, is also heading to Ireland after acquiring Fyffes. These tax dodges, as Fortune magazine calls them in this week’s issue, are “positively un-American.”

What Can Be Done?
President Barack Obama’s 2015 budget proposes making these corporate desertions more difficult by raising the minimum levels of foreign ownership required to 50 percent (currently it is just 20 percent), which means that U.S. corporations could not move their address abroad unless they actually ceded a controlling interest to foreign owners. Congressional Democrats have made similar proposals. Treasury Secretary Jack Lew recently called for more “economic patriotism” and urged Congress to “enact legislation immediately” to close the loophole. Leaders on both sides of the aisle want comprehensive tax reform, but finding common ground in the current Congress could take a while. The simple fact is that as more and more companies exploit this loophole, a solution for this problem is needed right away–and Congress has the power the solve it.

BOTTOM LINE: More and more corporations are taking advantage of a tax loophole that helps their bottom line while costing American taxpayers billions every year. These companies want to continue to take advantage of the things that make the U.S. the best place in the world to do business, while at the same time pay less than their fair share by moving their corporate addresses overseas. That desertion is unfair, unpatriotic, and has got to change.