GET THE FACTS BEHIND THE NEWS Often led by Justice Antonin Scalia the Supreme Court has limited access to the Courts on a wide range of issues .Restrictive “standing” has tended to harm liberal public-interests and lenient “standing” to help them.

The three essential requirements for standing are; an actual injury, proof that the injury was due to something the defendant did or failed to do, and proof that the injury would  be  redressed if the defendant did as the plaintiff

asked.

Of interest, large majorities of Justices have denied or limited access to businesses in cases where they fear the free interplay of the market  could  be effected.

During .the 07-08 term the Court voted to protect some        business  practices  from anti-trust suits, require greater evidence of collusion  to allow cases to proceed, immunize Wall Street banks and brokers from anti-trust suits relating to activities regulated by the Securities and Exchange Commission,, require plaintiffs to  state allegations in greater detail .  These decisions all set out rules that will bar some future claims from being  heard.

The conservative Court is  more  friendly to business and gov’t and less friendly to individual rights than the liberal courts.

Three cases  of interest.  The Court ruled that the Freedom from Religion Foundation had no standing to sue over the executive   promotion  of  faith  based initiatives because the money came from executive discretionary funds not a congressional appropriation.   Citizens can  not file suits alleging that the government is spending money illegally.    except for suits based on the Constitution’s Establishment clause, first amendment, the basis for separation of church and state.

Secondly Chief Justice  Roberts  has  been  very  much  against  law suits contesting environmental rulings.  Environment is one area, voter ID is another where conservatives rejected the idea of assessing statues as soon as they are passed.  The conservatives want to have a clear idea of the nature and effect in the real world.  In the voter ID case the lawyer for the people bringing suit pointed out that waiting may influence the outcome of an election..  The voter ID requirement was upheld even though there was no evidence of voter fraud, 

GET THE FACTS BEHIND THE NEWS

Elizabeth Warren head of the oversight panel setup by Congress to  monitor the Federal Bailout  says, “THE GOV’T STILL DOES NOT SEEM TO HAVE A COHERENT STRATEGY FOR EASING THE FINANCIAL CRISIS.  “Instead the gov’t seemed to go from one tactic to the next without clarifying how each step fits into the overall plan.

A reason for Ms. Warren’s observation is the US does not have an economic strategy.   Professor Michael Porter distinguished Harvard School Professor  notes the American political system has evolved with piecemeal reactions to current events.   

Where do we really stand?  Prof Porter says the US has prospered because of unique competitive strengths.

 1) The US has an unparalleled environment for entrepreneurship and starting new companies.

 2) US Entrepreneurship has  been fed by a science, technology, and innovation that is by far the best in the world.

 3) The US has the world’s best institutions of higher learning .

 4)  The US has been the country with the strongest commitment to competition and free markets.

 5) The task of forming economic policy and putting it into practice is highly decentralized across states and regions.  This  decentralization  maybe the US greatest competitive strength.

 6)  The US benefits from the most efficient capital markets of any nation.  This especially true  of risk capital.

 7)  US has remarkable dynamism and resilience to take losses and move on.

Prof Porter believes” a series of policy failures have offset and even nullified “US “  strengths  just as other nations are becoming more competitive”. Let’s have a look at nine of the economic areas.