Wednesday, January 16, 2008

Bushist Supreme Court

The Supreme Court ruled 5-3 that investors who allege they were defrauded (and have a good case) cannot recover damages from corporations that knowingly aided and abetted the corporation committing the alleged fraud. Guess who was in the majority. Yup, three of the same five who ruled for Duhbya in Bush v. Gore and the replacements for the fourth and fifth, the Bushist heart of the Court.

This is a perfect illustration of how far the "center" has moved to the right. The minority opinion argues that the majority relied on a precedent where the aid to the fraud was not knowing in order to extend what I would call a privilege of fraud to companies who do know exactly what they're doing.

In Bush-world, corporate officers who do things that they know are sub rosa are still blameless, and injured investors can't recover from them.

Update: Corrected for Sandra Day O'Connor's departure and William Rehnquist's death.

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