Published: March 2017

Will Judge Gorsuch uphold a consumer’s right to a civil trial by jury?

Coalition advocates penned a letter to Sen. Diane Feinstein (D-CA) urging the Senator to question Supreme Court nominee, Judge Neil Gorsuch, regarding whether he will uphold the entire Constitution, including the Seventh Amendment, which guarantees consumers a right to a civil trial by jury. This is especially important for consumers who have been victimized or defrauded by big businesses. If nominee Gorsuch fails to fully commit to preserving Seventh Amendment protections, the coalition urges Sen. Feinstein to oppose his nomination.

Many companies that profit tremendously from California’s vast consumer market have engaged in widespread patterns of illegal activities, costing California consumers billions of hard-earned dollars and eroding their privacy, while evading accountability due to forced arbitration clauses that deprive their customers and employees basic, precious Constitutional rights. Companies that engage in widespread illegal activity stand to benefit at the expense of the American public if Judge Gorsuch is confirmed. That is because he is likely to perpetuate the anti Seventh Amendment imbalance on the Court.

Advocates strongly urge Sen. Diane Feinstein (D-CA) to raise these important issues in her questioning of Judge Gorsuch, including whether he believes that victims of illegal practices should have the freedom to assert their right under the Seventh Amendment of the Constitution of the United States to have their day in court; and that unless he fully commits to preserving that right, urge Feinstein to oppose his nomination.

Lead Organization

Consumers for Auto Reliability and Safety (CARS)

Other Organizations

Consumer Action | Consumer Federation of California | Consumer Watchdog | Consumers for Auto Reliability and Safety | Courage Campaign | Housing and Economic Rights Advocates | Public Good

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Will Judge Gorsuch uphold a consumer’s right to a civil trial by jury?   (FeinsteinGorsuchoppositionfromCAconsumergroups.compressed.pdf)