Is It Fair to Claim That The Current US Supreme Court Is Pro-Business?

The New York Times this past Sunday had an article detailing how many times the Roberts court ruled in favor of business interests (61%).  Debra Weiss of the ABA Journal writes about the article and some other findings noting that the Roberts court ruled in favor of the same side supported by the U.S. Chamber of Commerce in 13 out 16 cases last term.  The Chamber’s interest is advocated by the National Chamber Litigation Center. 

The Times article also cited to a new study prepared for the Times by Northwestern University and the University of Chicago. The study allegedly supports a conclusion that the rate of success for business interests is increasing on the current Supreme Court.  For a different view of things, read Ted Frank on the PointofLaw blog calling it a "myth" that Supreme Court is pro business. Chris Lehmann at The Awl has another take and provides a good history of some of Roberts’ own cases before the Supreme Court when he was in private practice.

There are good points on both sides of the debate on this issue. Both sides have advocacy groups citing to data to support one view or another.  I think it is too simplistic to call a court pro-business or anti-business.  Although plenty of information is available to debate the issue, the cases before the Supreme Court are too varied in facts and law to draw a simple conclusion that a court is pro-business.     

 

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