Courting Business

The always-insightful New York Times Magazine has an interesting article on the Court entitled “Supreme Court Inc.” Jeffery Rosen takes a look into the Court to determine why it has become so receptive to big business and comes to some pretty interesting, if not particularly unexpected conclusions.

Though the current Supreme Court has a well-earned reputation for divisiveness, it has been surprisingly united in cases affecting business interests. Of the 30 business cases last term, 22 were decided unanimously, or with only one or two dissenting votes. Conrad said she was especially pleased that several of the most important decisions were written by liberal justices, speaking for liberal and conservative colleagues alike. In opinions last term, Ruth Bader Ginsburg, Stephen Breyer and David Souter each went out of his or her way to question the use of lawsuits to challenge corporate wrongdoing — a strategy championed by progressive groups like Public Citizen but routinely denounced by conservatives as “regulation by litigation.” Conrad reeled off some of her favorite moments: “Justice Ginsburg talked about how ‘private-securities fraud actions, if not adequately contained, can be employed abusively.’ Justice Breyer had a wonderful quote about how Congress was trying to ‘weed out unmeritorious securities lawsuits.’ Justice Souter talked about how the threat of litigation ‘will push cost-conscious defendants to settle.’ ”

Check it out for yourself.


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

Categories

Random Posts

  • Another Addition to the Two-in-a-Month Club: Former Solicitor General Gregory Garre is scheduled to argue twice during the December sitting, a relatively uncommon feat for private pract...
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • Top Supreme Court Advocates of the Twenty-First Century: I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download ...
  • Advocate Scorecard for OT 09: I finished this a while ago but neglected to post it until now. Whoops? Anyways, here is the OT 09 advocate scorecard with win/loss record. ...
  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...