No surprises here- Justices decide 5-3 along the usual lines (with Breyer recused) against certain consumer lawsuits against corporations accused of malfeasance (Opinion here.) Justice Kennedy, authoring the majority opinion, found that “The decision to extend the cause of action is thus for the Congress, not for this Court.” Justice Alito also keeps up his 1.000 batting average in favor of big business.

Justice Stevens, joined by Justices Souter and Ginsburg, dissented and called his colleagues out for breaching precedent.

Furthermore, while the Court frequently refers to petitioner’s attempt to “expand” the implied cause of action,1—a conclusion that begs the question of the contours of that cause of action—it is to­ day’s decision that results in a significant departure from Central Bank

More analysis to come (as it dawns on me and as the Macworld Keynote wraps up.)


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