The Roberts Court Has Been Good To Business- So?
May 9, 2014
They spin it in opposite directions, but the liberal Constitutional Accountability Center (CAC) and the U.S. Chamber of Commerce agree on the basic contention: The John Roberts Court has been very good to business. There are some notable exceptions, including the Court’s decision on the Affordable Care Act and a recent ruling upholding some EPA air quality regulations. But according to the tally from the CAC, the Court sided with the Chamber in 71 percent of 115 cases in which the Chamber was a party, represented a party or filed an amicus brief. That figure was 56 percent under William Rehnquist’s tenure, and just 43 percent under Chief Justice Warren E. Burger. But Sheldon Gilbert, senior counsel for litigation for the U.S. Chamber’s Litigation Center, points out that the great majority of Chamber-involved cases were decided unanimously. He maintains that “rather than ruling in favor of businesses, the justices are often refusing attempts to stretch the law.”
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