U.S. Supreme Court Has the Back of Businesses Large & Small: Study Shows Court Leans Pro-Business

by Donald M. Pepe on May 16, 2013

New Jersey business lawyerIt is always good to have powerful friends, and a new study shows that the business community has a powerful ally in the U.S. Supreme Court.   Evidence shows the current Court strongly favors business interests, according to a new study appearing in April’s Minnesota Law Review.

The paper is authored by Lee Epstein, a law professor at the University of Southern California, together with economist William M. Landes from the University of Chicago and Richard A. Posner, a Chicago federal appeals court judge. After analyzing over 2,000 Supreme Court decisions since 1946, the researchers offer empirical evidence to support long-standing opinions that the current justices lean pro-business. Below are a few of their key findings:

  • The current Court, lead by Chief Justice John Roberts, is friendlier to business than any court since at least World War II.
  • The ten Supreme Court justices most likely to favor business interests since 1946 include the five current conservative members of the Roberts Court.
  • Of the 36 justices who served on the Court over the past 65 years, Chief Justice Roberts and Justice Samuel Alito are the two most likely justices to favor business interests.

For those looking for illustrative examples, several “pro-business” decisions are detailed on this blog, including the Court’s recent decision in Comcast Corp. v. Behrend, a ruling that provides businesses substantial assistance in defending employment, anti-trust, and consumer protection class action lawsuits.

The full study can be found here.

If you have any questions about this study or would like to discuss the legal issues involved, please contact me, Donald Pepe, or the Scarinci Hollenbeck attorney with whom you work. 

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