In dissent, Justice Clarence Thomas writes that the court ‘has relieved the legislature of its power to create and define rights’
A Supreme Court decision Friday about a class-action lawsuit against credit reporting agency TransUnion limits Congress’s power to determine who can file a federal lawsuit — by shifting more of that decision to the judicial branch.
The case centers on the Fair Credit Reporting Act of 1970, which created a way for consumers to file a lawsuit to recover damages for certain violations of law, in part to protect consumer privacy. The majority ruled, in a sharply divided 5-4 opinion, that some of the plaintiffs did not have the right to file the lawsuit.
In doing so, the majority delves into separation-of-powers issues between the three branches of government. And the court concludes that Congress can give people the right to file a lawsuit over violations of law, but ultimately the federal courts have the power to say whether those people can file those lawsuits. Continue reading.