It has already lost the Republican right. What’s next?
To some, the decision fitted a pattern. Last year Lee Epstein of the University of Southern California and Mitu Gulati of the University of Virginia School of Law used data on wins and losses by corporations in 1920-2020 to describe the Supreme Court led for 17 years by Chief Justice John Roberts as possibly “the most pro-business court in a century”. This was not only because of the Republican majority, they argued.
History shows how the court’s ideological texture has influenced American commerce. For most of the 20th century, data from Ms Epstein and Mr Gulati show that the most business-friendly court was under William Howard Taft in 1921-30, a Recent rulings have darkened the mood, though. Two that directly went against the interests of corporations have big potential spillover effects. In upholding a California law that bans the sale of pork from overly confined pigs, the court in May rejected an attempt by out-of-state farmers to claim the law, called Proposition 12, violated the constitution by harming interstate commerce.
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