The Supreme Court isn’t a friend of workers. So a recent ruling that retirees can sue employers who help investment firms rip them off with high fees and poor performance is a rare and crucial win.
By Matthew Cunningham-Cook, Jacobin
A unanimous Supreme Court ruling Monday in Hughes v. Northwestern University ensures that Americans will still be able to sue employers and Wall Street banks that bleed dry their retirement accounts — a landmark precedent in protecting the $7.3 trillion Americans hold in 401(k) accounts.
The 8-0 ruling, written by Sonia Sotomayor, found that 401(k) plan participants could continue to take legal action against employers for including high-fee, high-risk investments in their 401(k) lineup, even if they also included lower-fee, lower risk options.

The decision could be a blow against powerful private equity industry titans, who for years have been aiming to convince 401(k) plans to include their high-fee, high-risk offerings. Blackstone Group CEO Stephen Schwarzman has said accessing retirees’ 401(k) accounts was “one of our dreams.”
With 3.5 million American seniors being unable to afford the cost of prescription drugs, and 5.2 million elders who are food insecure, the new ruling could trigger additional litigation that forces improved governance in 401(k)s — potentially saving Americans hundreds of billions of dollars in collective fees.
“It’s going to affect massive numbers of people,” said Jerry Schlichter, the St Louis-based attorney who brought the Hughes case before the court. “Because the 401(k) is America’s retirement system now.”
Currently, the median 401(k) balance for Americans sixty-five and older is just $64,548. That amount could be as much as 40 percent higher, if it wasn’t for fees paid to Wall Street.
Recent Posts
As Security Council Stalls, There Are Other Ways to Stop U.S.-Israeli War on Iran
March 3, 2026
Take Action Now A “Uniting for Peace” resolution in the UN General Assembly can counter the Security Council’s failure to act.By Marjorie Cohn,…
States Can Block the Paramount-Warner Deal
March 3, 2026
Take Action Now But thanks to some clever maneuvering, they are already running out of time.By David Dayen, The American Prospect What started as…
Congress, Do Your Job and End This Illegal War of Aggression By The U.S. and Israel
March 2, 2026
Take Action Now Congress must assert its Constitutional authority over matters of war and peace against an out-of-control, rogue president and…
Daniel Ellsberg Speaks to Us as the War on Iran Continues
March 2, 2026
Take Action Now Ellsberg’s voice is back via a compelling new book. “Truth and Consequence,” being published this week, provides readers with his…




