In a special report by Alliance For Justice (AFJ), the conservative nature of the Supreme Court is called into question and even criticized because of its negative consequences for individuals filing lawsuits against large, powerful corporations. Specifically, the AFJ mentions the idea of forced arbitration as an injustice in American society, as it favors the powerful and domineering interests of big businesses.

Important cases such as Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Douglas v. Independent Living Center of Southern California are referenced in order to highlight specific ways in which forced arbitration protects the interests of the corporation over the individual. According to the AFJ, certain laws favored by the conservative Supreme Court allow big businesses to exploit forced arbitration contracts, undermining the rights of the individual and making it difficult for each individual to be heard over the strength of the corporation. In certain cases, individuals experiencing the same or similar types of problems are forced to try cases individually, engaging in the long and difficult process of arbitration.

The AFJ also references the ways in which certain federal laws favor the interests of big businesses over the individual by decreasing the incentives for a corporation to behave ethically. Corporate misbehavior is often overlooked and protected by conservative and corporate-minded rulings by the Supreme Court. For example, certain laws allow corporations to establish procedures for arbitration that rid themselves of any class liability. The AFJ recognizes few, if any, legal disincentives for corporate misbehavior.

Under rulings such as these, the AFJ argues, Americans are being denied certain rights and liberties that each individual should have, namely equal access to federal and state courts and equal standing compared to big corporations in the eyes of the law. The effects of rulings such as these set precedence in the ways corporations conduct business, and as some advocate, open the door for corporate misconduct and misbehavior without punishment or liability. The AFJ seems convinced that the Supreme Court’s rulings are undermining the standing of the individual in the legal realm.