Here’s a Great New Cause For the Tea Party

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Harold Meyerson writes today about something called the Investor-State Dispute Settlement provision, a feature of most trade agreements since the Reagan administration. Basically, it means that if, say, a Mexican company objects to a regulation in Texas, it can sue Texas. But not in a US court. Instead the case is heard in a special extra-governmental tribunal:

The mockery that the ISDS procedure can make of a nation’s laws can be illustrated by a series of cases. In Germany in 2009, the Swedish energy company Vattenfall, seeking to build a coal-fired power plant near Hamburg, used ISDS to sue the government for conditioning its approval of the plant on Vattenfall taking measures to protect the Elbe River from its waste products. To avoid paying penalties to the company under ISDS (the company had asked for $1.9 billion in damages), the state eventually lifted its conditions.

Three years later, Vattenfall sued Germany for its post-Fukushima decision to phase out nuclear power plants; the case is advancing through the ISDS process. German companies that owned nuclear power plants had no such recourse.

After Australia passed a law requiring tobacco products to be sold in packaging featuring prominent health warnings, a Philip Morris subsidiary sued the government in Australian court and lost. It also sued the government through the ISDS, where the case is still pending. The health ministry in next-door New Zealand cited the prospect of a Philip Morris victory in ISDS as the reason it was holding up such warnings on cigarette packages in its own country.

Meyerson wants to know why Democratic presidents continue to support ISDS, but I’m more interested in why the tea party crowd hasn’t yelled itself hoarse over this. After all, this is a tailor-made example of giving up US sovereignty to an unaccountable international organization, something that normally prompts them to start waving around pocket copies of the Constitution and going on Hannity to complain that President Obama is trying to sabotage America. Agenda 21, anyone?

So why not this time? I guess it’s because ISDS is normally used by big corporations to challenge environmental laws. So which do you hate more? The EPA or an unaccountable international organization? Decisions, decisions….

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

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