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.)


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Updated Term Statistics: I've updated the term statistics and you can find the new versions of each chart below: Complete (includes all three charts) --- Term I...
  • An Unusually Short Long Conference: The Supreme Court released an order list from yesterday's Long Conference and, in a surprising move, it granted only seven cases. That numbe...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • Update: List Of Advocates Who Have Argued Twice In A Month: Four days ago, I posted a list of the advocates who have argued twice during a single month since 2003. Well, that chart is already outdated...
  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...