Alliance for Justice Condemns Corporate Majority on the Supreme Court for Devising New Hurdles to Justice for Women in Wal-Mart Case

Washington, D.C., June 20, 2011—Alliance for Justice President Nan Aron issued the following statement on today’s decision by the United States Supreme Court in Wal-Mart v. Dukes:

The decision today by a narrow majority of the United States Supreme Court to prevent the female employees of Wal-Mart Stores from banding together to form a class action to fight gender discrimination is just the latest example of the conservative majority’s unrelenting effort to prevent everyday Americans from using the courts to find justice and battle corporate abuses.

Although a narrow portion of Wal-Mart v. Dukes was decided unanimously, the fundamental issue about whether the women of Wal-Mart had enough in common to fight together for justice was not. Over the forceful objection of four justices, a sharply divided Court has once again made it much more difficult for large businesses to be held accountable for their actions by significantly raising the bar for forming a class. In this case, the Corporate Court has made up new ways to prevent unified action by victims of widespread discrimination by inventing new legal hurdles for the formation of classes and erecting a shield for corporate misbehavior by giving undue weight to the fig leaf of written discrimination policies and ignoring real-world behavior.

This is another in a long series of cases where the conservative majority has used a radical reformulation of the law to erect a wall of privilege and protection around big business and has undermined long-held legal traditions of balance and fairness.

In spite of the willingness of the conservative majority to ignore clear and overwhelming evidence to the contrary, gender discrimination still exists at Wal-Mart and in other corporations. The fight for remedies will go on in the courts and in Congress, not only for Betty Dukes and the other plaintiffs in this case, but for those who believe the law is meant for all Americans and should not be distorted into legal armor for the powerful.

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Background information about Wal-Mart v. Dukes can be found on the Alliance for Justice Website at http://www.afj.org/connect-with-the-issues/the-corporate-court/wal-mart-v-dukes.html.

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Alliance for Justice is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. AFJ works to ensure that the federal judiciary advances core constitutional values, preserves human rights and unfettered access to the courts, and adheres to the even-handed administration of justice for all Americans. It is the leading expert on the legal framework for nonprofit advocacy efforts, providing definitive information, resources, and technical assistance that encourages organizations and their funding partners to fully exercise their right to be active participants in the democratic process. AFJ is based in Washington, D.C.