We are fast approaching the time of the next great battle over evolution. The Neo-creationists will be corporations, and they will argue that they could not possibly be descended from human beings.
This isn’t science fiction. Just the other day 30 Republicans voted in the U.S. Senate to deny justice to a human victim of rape in order to protect the so-called sovereign rights of corporations.
I’m not much for slippery slope arguments, but when we’re buried in mud at the bottom of a slope, it might be prudent to see what we slipped on. In this case, as Thom Hartmann and others have pointed out, it was a court reporter’s memo attached to an obscure 1886 Supreme Court case. The memo summarized the court’s alleged opinion that the 14th Amendment applied to corporations. Corporations were people, too.
The rape case of Jamie Leigh Jones was just a logical step forward in the long-standing Republican effort to lock Americans out of the nation’s courthouses, an effort undertaken on behalf of corporate supremacy. A woman is gang-raped by her fellow employees at government contractor KBR. The company says her contract prohibits her from seeking justice in court.
Thirty Republican U.S. senators voted to safeguard corporations from lawsuits in rape cases. You read that right the first time. The amendment they voted against, by Sen. Al Franken, D-Minnesota, would withhold government contracts from corporations that block employees from going to court when raped or sexually assaulted on the job.
The case – and the vote – stirred a little outrage, but not enough.
Jones, of Houston, was drugged and gang raped while working in Baghdad for KBR/Halliburton. She was locked in a shipping container by the company and warned to keep quiet. She didn’t keep quiet. Franken and Senate Democrats took up her cause.
The crimes of the rapists and their protectors in the Republican Party reveal “tort reform” as one of the great political cons in U.S. history. Tort reform is the not-missing link in the evolution of corporate supremacy and human inferiority.
The decades-long GOP campaign against civil justice was just part of the effort to place corporations above the law and corporatist elected officials out of the reach of voters. Republican voter suppression was another front in the war on popular democracy.
This is the populist issue of our time. Well, it was the populist issue of bygone times, too, but too damn few took up the cause and the GOP ran away with a victory built on fake field goals, double-reverses, stolen signals and rigged referees.
It sickens me that Republicans could generate faux-populist resentment of wealthy lawyers to seal the public out of the public sphere so corporatists could steal, maim and kill with impunity.
Also, too many progressive organizations stood idly by as the values at the core of democracy were attacked. Where were environmentalists, civil rights groups, women’s groups, consumer associations, and campaign finance reformers when Republicans campaigned to give corporations greater legal rights than people? They were sealed away in their silos, their consciences eased by their single-mind focus on their particular issues. It didn’t seem to matter to them that their ability to actually achieve anything was being undermined by the attack on democratic institutions and core American values.
Now that we have reached the point where Republicans can argue with a straight face that rape should be overlooked in favor of corporate protectionism maybe this will change.
I think American businesses are waking up to the excesses of the extremist assault on democracy. When all the courthouses are closed, they can’t get their business-to-business contracts enforced.
I fear, though, that in many places progressives and their allies are stuck in old habits and personal grudge matches. Moderate business Democrats should finally understand that lawyers did not cause any of the policy problems they care most about: the collapse of public education, support for higher education, a safe environment, a predictable regulatory environment. Progressive advocacy groups should wake up, too. When the public is sealed out of courthouses and capitols, all their earnest work for the environment, civil rights and health care will come to nothing.
It is a sign of our moral confusion that we are forced to have a conversation about whether a woman who has been gang-raped can go to court against her assailants. It is altogether disagreeable that we have to have it with inhuman entities that want us to grant them legal superiority in laws meant for humans.



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Moderator cleanup needed on comment aisle 1, please.
Good morning, Glenn.
Yea, I had no idea what that ghostly comment meant….thanks.
Inc. Co. We Trust
:/
And if this had been the sister, daughter, wife or mother of a Republican Senator, would they still get 30 votes? This woman was someone’s daughter. To think corporate sovereignty trumps personal safety and well-being–she was rapedby co-workers–is disturbing to say the least. What if she were a Senate page? How is it not the same?
Pups………..this one should not pass our attention…….it demands very loud and continuous response…….that no one commented within three hours of its posting is a bummer……or is it a technical problem? I’ve enjoyed checking FDL several times a day, but this one got me registered. I’ve heard Hartmann outline the 1886 corporate travesty numerous times and read about it in his books (make sure you understand just what happened…(corporations ARE NOT people)………but this rape IS THE TRIP WIRE!
It is incumbent on us to publicize this case widely, including forwarding it to all your favorite lists, commending Senator Franken, and supporting efforts to UNSEAT EVERY SENATOR WHO VOTED AGAINST Senator Franken’s bill. Starting now and publicizing each senator’s action on this vote, all the way up to their next election, should be one of your highest priorties.
This is my line in the sand…..how ’bout you?
So maybe some good can come out of this, this vote would be effective campaign ammunition against any of the “Dirty 30″ up for reelection in 2010. Here’s the roll call:
Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)
Ah, but of course by using arbitration w/ a secrecy clause there would be an unblemished record so they still can receive government contracts unlike that criminal Acorn organization.
We are developing an animal class of people that have no association with their humanity, I mean standing in line to rape a warm drugged out body then locking her in a shipping container. This behavior ,which is infective is coming back home, to our home towns, Tortures and Murders and black(sewage)water savages, all of them.
If there is any God may God have mercy on us all.
More and more, the answer seems to be to revoke the right of any corporation to claim the privileges of U.S. citizenship. A corporation is not a citizen. A corporation is not a person. But people do work for them.
The law needs to be reinterpreted. One should be able to sue a corporation on civil grounds (hit the shareholders in their pocketbooks) and prosecute the employees of any corporation on criminal grounds when those employees (from the Chairman and the CEO on down) engage in felony crimes against their fellow human beings.
I like that name – the Dirty Thirty. This needs lots of publicity and I think we can work that out for the next election – don’t you?
The Supremes are in line to review the basic premise of corporation vs. human primacy, which is really frightening. We already know the coathanger majority is dedicated to corporate interests, and this could go badly for some time to come.
Remember that most, if not all, of the Dirty Thirty voted for the ACORN bill. Apparently the Congress can override government contracts based on alleged voter registration fraud (which resulted in zero illegal votes), but a mere rape of an employee does not rise that level of seriousness.
The Repugs really jumped the shark on this one!
Just think that the tort reform movement
usedlied about a case about a McDonald’s coffee spill and the jury award. Contrasted with this…We need to make sure Americans know about it.
Here’s Mark Morford’s comments on this at SFGate.com.
Twain: yeah, it’s got meme legs, Dirty 30/Dirty Thirty.
Glenn – forgot to say good morning. I’m so glad you are writing about this. It’s very important that we continue to work on the status of women in this country- it’s disgraceful that we need to.
I wonder if there will be gendered corporations? And will the female ones be second class?
Dang, I forgot the good morning too…and here, it is a spotless, perfect, deep blue weather morning, too.
This story needs to get out. The MSM stenographers are not going to do it. I can’t imagine anyone not being outraged by this.
REminds me of the old saw:
Democrats think government’s role is to protect the people from business; Republicans think government’s role is to protect business from the people.
Maybe if more of our government and businesses were run by mo’ women we’d get mo’ better justice.
For the rise of corporate control and malfeasance, I blame Lewis Powell and his Chamber memo in 1971. He blew the anti-corporate momentum of the 60′s and early 70′s out of the water by reminding his side just how to control the messages we receive – think tanks, media both electronic and print filling the airwaves and inkwells with their own, pro-corporate propaganda.
Sigh. We never learn, do we?
What do y’all think about the “corporate supremacy” frame? Dirty 30 is good. What other simple frames, descriptors, etc.? “Lawsuit abuse,” “tort reform,” “activist judge,” all gained great credibility through the right’s use.
oops, forgot my manners.
Morning Glenn. It is a fine, deep blue morning here, too.
Really important that you mentioned the Powell memo. A watershed moment, Mommybrain. Thank you. People should follow Mommybrain’s link to that memo.
Democrats think government’s role is to protect the people from business; Republicans think government’s role is to protect business from the people
There is at least one problem with that thought process. There would be NO business without people to purchase the goods.
It’s beautiful here in NoCal, too, but I am hoping for lots of rain. We need it and I sorta like the idea of having water to drink. We had 2 days of wonderful rain and it cleaned the air.
We’ve had a respite from the drought. Several days of hard rain falling. So the blue sky and sun is welcome, but we are still so far behind in rainfall that it’s scary. Scarier that so little planning is being done for the water crisis we are already in.
“King Kong Korporations”?
AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen Glenn W. Smith and the firepup Freedom Fighters:
Alert!! Senator Kyle just questioned the link of lack of insurance to higher risk of death…our political and social discourse has moved beyond insane! Why the hell are we debating with lunatics??!!!
KEEP THE FAITH AND PASS THE AMMUNITIION, THERE IS NO PLACE TO HIDE!!
Citizen tbsa:
You just discovered what Marx called the great contradiction of capitalism. The capitalist doesn’t worry about that final contradiction though because he’s gunna live forever.
Norske, we have people like John Kyl in office in too many states because good people won’t run for office anymore. It costs so much and takes such a thick hide that only bottom feeders like them can raise the corporate money and stand the exposure.
I want my campaign finance reform.
To conservatives this is a logical extension of don’t ask, don’t tell. Force everyone to just shut up about the abuses suffered thereby protecting the deniability of those that enable said abuse.
Glenn, am enjoying reading at your blog. I like it very much.
Thanks for the article Glenn and for all the good comments. I am ignorant of Powell’s memo and look forward to reading the link. One earlier landmark corporate rights case was Dartmouth College Board of Regents v. New Hampshire. In 1819, NH figured Dartmouth would make a dandy State college and , after all, we had defeated the Monarchy, so all contracts under that system were null, right ? Not according to the supremes who held a contract was inviolable even if the old circumstances of its enactment were gone. The state, i.e. the people, lost to a few guys in black robes just 20 years after the constitutional convention of 1789.
Many feel that the supreme court, senate, and a strong, central president grew out of that ( closed door) convention in order to keep the elite finacial order intact. Seems they’ve done such a good job that it will lead to the utter destruction of our governmental system; either through a total and peaceful revolution which puts democratic rights to self government back as fundamental, or through the corporate stranglehold we are witnessing in the monstrous destruction of that democratic form of governance. Good for the other Senators who at least showed a basic respect for humanity over corporate rights. The other 30 … human monsters who obey the corporate mind.
Twain, thanks so much. It’s getting good reviews and already having somewhat of the impact we’d hoped for.
Hooray !
This story makes me so livid I can hardly see.
Let justice be done!
Let JUSTICE BE DONE!
And let something very bad happen to those who did this horrible act, and to those who voted to let them get away with it.
Obviously, as disappointing as Obama has been, if we give these Ultra – conservatives in the GOP any more room to move they will make complete corporate slaves out of US all.
I hear Merkel in Germany is dusting off HER privatization plans and, of course, Thatcher did the same thing to Britain that Reagan did to America…at the same time. It’s like they were twins sons of different mothers.
These are VERY dangerous times, my friends. People THINK they know what tort reform is, but they don’t.
I don’t understand why this wasn’t given more coverage but I thank the author of this post for doing this. If the SC finds for the corporate”interest” I suspect Democracy will be completely dead in America and elsewhere, they won’t stop here, that’s for sure.
Did anyone notice that JOHN MCCAIN – presidential candidate is a Dirty 30?
I suggest that if we are serious about a response we get Republican Women to weigh in on “their” Dirty 30. If we can’t get them to rise up over this travesty, I don’t know what will. Go to http://www.nfrw.com and start getting in touch with 1) headquarters 2) any chapters in those Dirty 30 areas.
A letter might include: here’s what happened. Did you know about it? Do you agree with your representative? Would you feel fine about this if this was your daughter or granddaughter? Or your son? It happens! What are you going to do about this? Vote for this man again? Can’t Republican Women champion a better candidate? Can’t Republican Women’s Federation make a statement about this? Be polite. Let your anger just fuel your typing fingers.
Glad to not be alone in my outrage. Ralph Nader has been warning us for decades about corporate personhood & campaign financing. But few listen. Who still trusts the Democrat party? I don’t.
The KBR rape cases are just the most recent, though hideous, proof of the long standing goal of the euphemistically named “tort reform,” which is to close the courthouse doors to consumers. The binding arbitration clause now ubiquitous in employment contracts, as well as most other consumer contracts, has been a WMD that must be disarmed. It has actually spawned its own obscenely lucrative arbitration industry, making it even harder to stop.
However, this is just one facet of an all-out assault on the right to a jury trial in this country, an assault which has absurdly gained broad legitimacy. “Tort reform”( elimination of yet another Constitutional right) is now being bandied about as a necessary feature of any HCR bill, to kill off medical malpractice lawsuits, and Democrats are babbling their support. We must be vigilant against the fraud of “tort reform” in all legislation. It is more aptly named “tort deform”. Thank you,Al Franken, for brilliant work! Keep your sword, and tongue, sharpened.
How about “contingency/trial lawyer” as a pejorative for representatives of consumers and the poor(as opposed to the altruistic $600/hr corporate lawyers), “out of control jury” to demean jurors who deliver the increasingly rare plaintiff verdicts, “litigation explosion” to describe a system in which lawsuits and trials have dropped dramatically,and “frivolous lawsuit” to describe the opposite i.e. a verdict which proves it wasn’t frivolous?
Glenn,
I presume since just 30 Republicans voted against the measure that it passed? If not, shame on the 21 Democrats that joined them. If so, let’s rejoice in this new law and celebrate every time it is enforced!
Headline alert…
shouldn’t it say “human woman” instead of “human girl”? “Girl” is a little too infantilizing for my taste anyway. Actually, just “woman” would do.
Yes. Girl doesn’t fit in this case. Girl should be used pre-puberty, not after. Using ‘girl’ when it doesn’t apply is pre-feminist era talk.
Why does Darth and his daughters never get asked about the case in the Press after all Darth was CEO of the company right before KBR got its Iraq war contracts what do you want to bet that forcing employees to sign away their right to sue started under Darth.
After all Darth bought an Asbestos company as CEO and employees suing him were making him out to be the dumbest CEO of the time period. After all who buys an asbestos company in their right mind?
Getting employees to sign away their right to sue must have been a dream for Darth.
I agree with most of your reply, but:
Maybe so, but we also need to keep in mind people like Carly Fiorina, Meg Whitman, Marsha Blackburn, Michelle Bachmann, and, of course, Sarah Palin. I think Republican women are just as venomous and corporate-loving as Republican men, and I suspect that if these five were in the Senate, they would have voted the same way as “the Dirty Thirty.”
Thanks for bringing the issue of fictitious corporate personhood to the forefront again. Seems like corporations want to have the same rights as persons, but not the same responsibilities. The first thing we need to get after is the corporate right to political speech. We need to end that.
Great piece, Glenn. This issue certainly needs much more coverage. Thank you for writing about it. I’d also like to join with those who rightfully pointed out that the headline should read “woman”, not girl.
Maybe it was in error, but at least I was thinking about it and decided to use “girl” because of the infantilizing of all humans by corporate supremacists. Had it been a male victim, I would have chosen the word boy. Like I said, I made the choice consciously.
This is simply wrong.
How about posting the names of the rapists to the internet?
Can’t she file a civil case against each of the accused?
Mercenaries are sociopaths. So are the politicians and business people who hire others to do their sociopathic deeds for them.
Surely the Dirty Thirty are members of Republicans Approving Perverted Edicts (RAPE). They need to be shamed.
- Tom
Of the 30 Rethugs who voted against Franken’s bill, the following are up for re-election in 2010:
*Bond (R-MO)
*Brownback (R-KS)
*Bunning (R-KY)
*Burr (R-NC)
*Coburn (R-OK)
*Crapo (R-ID)
*DeMint (R-SC)
*Gregg (R-NH)
*Isakson (R-GA)
*McCain (R-AZ)
*Shelby (R-AL)
*Thune (R-SD)
*Vitter (R-LA)
All the usual suspects. A tip, if you go to senate.gov and click the senators link, then click on “what is a class” you can get a list of senators due for ouster in any election year. The above creeps are all class III, running next year. Every woman in every state represented by these jerks needs to contact their offices now.
I will continue to voice my disgust on this case everywhere I get a chance. I wish that I had the the power to be one with the votes that unseats these pricks.
Oh I cannot wait until the names of these rapists are revealed. It will not be a life worth living in jail or out. My only hope is that everyday they live between now and then, that the uncertainty of their future drives them closer and closer to delirium.
Hey Senators, the votes you have lost because of your vote will surely outweigh the votes you’ve gained. NEVER LET THEM FORGET THEIR VOTE.
Thanks for this very disturbing, but informative article. Great second sentence too. Well put! We need to hold everyone who voted against this young woman, (R) AND (D), accountable for this vote. History can assure you that we will go nowhere if we just keep up this Democrat vs. Republican mentality. Both sides have a long history of voting against US. We need to hold everyones’ feet to the fire if we are going to fix this mess we’re in.