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« Trump, Jr.: So Biden Says He'll Cure Cancer If You Elect Him President. Why Didn't He Cure Cancer In His Past 50 Years of Holding Elective Office? | Main | In Venezuela, AKA Future America, People Are Digging Up Bodies to Mine Them for... Riches » June 19, 2019
Tom Cotton's Statement on Corporations Against Conservative VotersBelow the fold, a video of his remarks. Many state legislatures across the country have taken action recently to protect unborn babies from the violence of abortion. My home state, for instance, Arkansas, has just passed a law protecting unborn babies after 18 weeks of development. And this reform is not just supported by Arkansans. It's supported by a large majority of all Americans, more than 70% of whom believe unborn babies ought to be protected at or before that stage of pregnancy. Bonus: >>>I would be more amenable to the libertarian argument regarding corporations if they were willing to stay the fuck out of political meddling. Once you use your power against me, I'm going to use my power, through my elected representatives, against you.
Now, most such suits are over stuff like corporate charity but those suits don't work because of the very malleable concept of "goodwill." If a corporation thinks that donating to Planned Parenthood buys it more goodwill, it's within the corporate charter (as increasing goodwill is always or almost always permitted as a basic function of business). HOWEVER, moves that alienate half the country, threaten states, BOYCOTT entire states, etc., do not increase goodwill. They decrease it. Also, I'm 99% sure they don't run polls about this stuff to determine if such a move would increase goodwill or not. I think I know that because I know a guy who does consulting and was asked about this sort of issue, asked by the CEO of a MAJOR, MAJOR corporation for advice (because he thought all the liberal marketing department people and mid-level managers were just telling them their Get Trump opinion, not necessarily reflective of popular opinion). How major a corporation? Well, one of the blue chips. Anyway, he started to do a study, and so began looking for previous studies on this sort of issue for a background and template for his own study. His findings? THERE HAS NEVER BEEN AN ACTUAL STUDY OR POLL DONE ON A CORPORATE POLITICAL POSITIONING MOVE. N-E-V-E-R. His was the first. Corporations just make these decisions based on the personal political preferences of the officers and board, and their vague "feels." Therefore, I think an ultra vires lawsuit could prevail -- just ask them, "and what studies or surveys did you do to satisfy yourself that this was the best move for increasing goodwill, rather than your own partisan desires?" I can almost guarantee they will not have done one. They'll just say something like "It's the sense I got from friends and from Twitter and FaceBook." And then go to the jury. I don't think a judge can dismiss your ultra vires lawsuit if the corporation can't show it did the most basic, and I do mean basic, due diligence in research to determine if its move, supposed in the corporation's interest to increase goodwill, would or would not increase goodwill. BTW: I can imagine that many corporations actually do increase goodwill from their intended customers by going hard-left. Starbucks, for example, caters mainly to urbanites and those who crave a "European" experience for the mere price of five and a half bucks for a cup of burned coffee. Liberals, in other words, and nominal conservatives who desire that kind of liberal five-dollar fantasy. Other corporations which serve similar clientele can prove they're acting within the corporate charter. But less niche, more ecumenical corporations can't demonstrate this. HBO and Netflix, for example. Conservatives use these services in roughly equal numbers to liberals; we put up with it because we have to -- but it does not increase goodwill. A nice way to get this ball started is a major boycott of one of just one of these big corporations that has to do business with, uck, conservatives. Something that really puts the hurt on them. That would demonstrate to judges that such moves can in fact tangibly harm a business, and therefore can be ultra vires. Then they could not dismiss an ultra vires lawsuit claiming "Well, liberals like it and conservatives will tolerate no end of degradation from their corporate masters, so, overall, this does in fact increase goodwill."
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