“The Pro-Business Roberts Court Is Striking Out”

The Harlan Institute’s Josh Blackman reviews a batch of recent Supreme Court decisions and finds little evidence for the popular left-wing charge that the Roberts Court has a pro-business agenda:

In FCC v. AT&T Inc. Chief Justice Roberts, the great illusionist, wrote for a unanimous Court that corporations do not possess personal privacy rights under FOIA....

In Staub v. Proctor Hospital, Justice Scalia writing for 6 members expanded the ability of employees to sue their employers under USERRA under the “cat’s paw” theory. Justice Alito, joined by Justice Thomas, concurred in judgment, and would have reached the same result through reference to the statutory text, rather than to principles of agency law.

Last week in Williamson v. Mazda Motor of America, Inc., the Court unanimously found that a California car-safety law was not pre-empted.

In January in Thompson v. North American Stainless, LP, Justice Scalia wrote for a unanimous Court, and found that Title VII’s ban on workplace retaliation against an employee who challenges discrimination also protects a co-worker who is a relative or close associate of the targeted employee.

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  • Fist of Etiquette||

    How about a pro-Constitution agenda?

  •  ||

    Isn't it pathetic that the left views a pro-business philosophy as a vice?

  • Mr. FIFY||

    "Pro-business" = "just intelligent enough to post on DemocraticUnderground".

  • Mr. FIFY||

    shit shit shit

    "anti-business"

    Fuck it.

  • SIV||

    Fuck "pro-business"
    I want the state "business neutral"
    and "pro-free market"

  • Suki||

    +1

  •  ||

    There's more to freedom than free markets, which is just a slogan.

  • KPres||

    Right. End the drug war, too.

  • Libertarian||

    Worst haiku ever.

  • Comic Book Guy||

    I will be the judge of what's the worst ever thank you very much.

  • Wyeth/Pfizer loves SCOTUS||

    The family had gone to a vaccine court, but the suit had been thrown out of the lower court, and now that Supreme Court has affirmed that decision. Chief Justice John Roberts, justices Anthony Kennedy, Clarence Thomas, Samuel Alito, Stephen Breyer, and Antonin Scalia made up the majority of the vote, justices Ruth Bader Ginsburg and Sonia Sotomayor were in dissent. Justice Elena Kagan had no part of the decision

    ...The dissenting judges wrote that the decision “leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing and distributing their products.”

    http://www.searsswanson.com/blog/?p=126

  • Mr Whipple||

    I was wondering if Reason was going to do an article on this. Did they, and I just missed it?

  • rather||

    No and we are due for a vaccine thread

  • SIV||

    You're a little old for Gardisil

  • juris imprudent||

    chemmmmmmmmmmm traaiiiiiiiilllllllssss

  • ||

    rectal linked to a blog other than her own? What, have you graduated from blogwhore to blog pimp now?

  • rather||

    Epi, aren't you busy looking for your bra to finish your stupid joke?

  • Vermont Gun Owner||

    At this point I sometimes forget it's actually rather and not rectal.

  • rather||

    me too

  •  ||

    SugarFree has implored you not to feed the trolls. Why won't you obey SugarFree?

  • rather||

    lol. He is the Robin Reason Hood of the Wizard of Oz and with his merry troop of masturbating munchkins

  •  ||

    Not that you are not a key member of the circle jerk.

  • rather||

    What part of female do you not understand?

  • Concerned Observer||

    Still pretending to be a girl. Pathetic.

  • rather||

    I had my pic up on my blog-dumbass

  • Concerned Observer||

    That means diddly squat. Any weirdo can put a pic up claiming it's their own. Pathetic sockpuppet charade, dude.

  • rather||

    PLEASE ACCEPT MY RESIGNATION. I DON'T WANT TO BELONG TO ANY CLUB THAT WILL ACCEPT PEOPLE LIKE ME Epi, Suga, helle, Warty, and the pussy above who refuses to use a name AS A MEMBER.

  • Concerned Observer||

    The man doth protest too much.

  • rather||

    somehow, I get the distinct feeling you are trying to trick me into showing you the color of my underwear-fooled ya, I don't wear any

  • Concerned Observer||

    Pathetic, dude. Grow up.

  • rather||

    Hmm,I'm not a dude, and I am not so sure you are one either.

  • Concerned Observer||

    Keep telling yourself that spanky, and maybe it'll shrink. Either way, your "I'm a girl" shtick is pretty bad acting.

  • rather||

    You are weird

  • Concerned Observer||

    Pretending the woman is weirder, but whatever gets your rocks off, buddy.

  • Sooki||

    your "I'm a girl" shtick is pretty bad acting

    Now my feelings are hurt.

  • ||

    It didn't "leave a regulatory vacuum." Congress specifically passed a law creating a court system for vaccines back in the 1980s. It may be a stupid law, but it's within Congress's powers so long as there is a legal recourse.

    The vaccine law in 1986 basically nationalized vaccines and vaccine makers, along with mandating their use.

    It wouldn't surprise me if Obamacare in the future led to the government and the courts shutting down malpractice and other medical lawsuits. It's one thing to sue doctors and insurance companies, another thing to sue the government.

  • ||

    I would think sovereign immunity would apply unless the government specifically waived it...interesting though.

  • baseball hats||

    I really liked your article and I shared with my friends in my facebook account.welcome visit us.baseball hats

  • Joe R.||

    Surely there is a special ring of hell for a spammer who calls it a baseball HAT.

  • Mr Whipple||

    This is a hat store

    http://www.hatsinthebelfry.com/

  • Chicks In Their Underwear||

    I really liked your article and I shared with my friends in my facebook account.welcome visit us.Chicks In Their Underwear

  • SIV||

    Top o' the page is the lovely Bambi Vawn
    The Pocket-Size Venus

  • ||

    Quote of the Week:

    "Selling foodstuffs made from another person's bodily fluids can lead to viruses being passed on."

  • sevo||

    BTW, the photo of Roberts on the cover of Fortune several months back was a treasure:
    He's staring off into the middle distance, looking exactly like the "Hero Tractor Driver" from some '60's Chi Com propaganda poster.

  • zoltan||

  • Kolohe||

    Staub v. Proctor Hospital,

    I haven't read any of the decisions, but based on the write-up here - http://ohioattorneygeneral.gov.....cat-s-paw-
    there's a fair chance of some kultur war influencing the decision - specifically, that the guy was an Army Reservist, and was apparently getting shit on because of it because of his employer, the hospital.

    So it's possible that "Support da Troops!" was a factor in overcaming 'pro-business agenda.' - we've seen how the drug war overcomes their federalism agenda. (and similarly how in General Dynamics vs United States, we'll see if 'State Secrets' can overcome 'pro-business' http://www.scotusblog.com/case.....ed-states/)

  • ||

    OT:

    Austin has a gun buyback event (I know: sigh), but local Austinites outbid the cops for guns by paying cash! What an awesome idea!

    http://theintelhub.com/2011/02/26/first-ever-–-austinites-outbid-police-in-hun-buyback-counter-program/

    This being Texas, even in Austin, the cops didn't hassle them. Guns, you know. You can shut down our taco trucks, but even in Austin, you treat guns with respect.

  • juris imprudent||

    I have a friend that did the same thing in Tucson. He had a city councilwoman attempt to sic the police on him, but the cops told the whore that he wasn't doing anything illegal.

  • zoltan||

    Thanks for mentioning this, RC! Here's a World Nut Daily (national, woohoo!) article and video.

    Our police chief, Art Acevedo, was not too happy when asked about the number of police officers attending the event (about 15) and thus costing taxpayers money. While the Greater Austin Crime Commission (a non-profit) raised the money to buy back the guns, APD was certainly involved and happy and willing to destroy them.

    The local group, Texans for Accountable Government, bought back guns at a higher price and will turn around and donate them to people who can't afford to purchase a firearm. Those who receive the guns will be required to do some community service too.

    What's even more amazing is that numerous people showed up not affiliated with TAG to buy back guns themselves! Apparently, many of the guns APD and GACC bought back were inoperable--wow, they're really making streets safer by getting guns that don't even work "off the street".

  • ||

    The gun buybacks are a known place for you to dump any super-shitty or non-functioning guns for a relatively good price. They'd buy a fucking zip gun because at the end of the day they just want numbers.

    I'm glad people got in front of this flat out waste and bought up all the perfectly good guns. My sister lives in Tucson and has been looking to purchase a gun; I'll tell her about this.

  • Epi's sister||

    Ya, I need a gun in case he visits

  • Charlie Sheen||

    Is she hot? Will she blow me for blow?

  • rather||

    She's Epi's sister; she'll blow you for a break from doing her brother

  • Charlie Sheen||

    Yeah, but is she hot? I only do goddesses who don't judge me because they're brainless, gold-digging whores.

  • rather||

    brainless,gold-digging and whorish Goddesses only suck wealthy dick, and sorry you're a libertarian

  • Concerned Observer||

    I guess that works for dudes too. Must not be finding a lot of gold at the end of your rainbow aka, mom's basement.

  • rather||

    lol, you couldn't be more wrong. I don't even live in the same country

  • Concerned Observer||

    Sure, dude. Whatever you say. :-/

  • rather||

    I don't get it? Where did you get that idea? Or, is this the way you acted in third grad, and you can't figure out why girls hate you?

  • Welfare hater||

    At least they're working.

  • rather||

    one of them is a porn star-no one works harder than that

  •  ||

    What a life! Being told how awesome you are by brainless whores with boob-jobs who are going along for the ride and who will write a tell-all for the highest bidder once your sorry drug-addled ass is dead.

  • rather||

    It's a even exchange of goods for services-isn't that how your free market works? IDGAF what they do, and I don't care to judge any of them.

  • puma pas cher ||

    see

  • Golf clubs discount||

    I would think sovereign immunity would apply unless the government specifically waived it...interesting though.

  • Amakudari||

    Hmm, I agreed with this argument the first time around, but now that you offer me golf club discounts, I might be willing to give it even more of a listen. Please continue.

  • rather||

    The Robert C. Byrd Honors Scholarship Program is a federally funded, state- administered program

  • rather||

    lol, education welfare for Libertarians

  • hmm||

    KOCHTOPUS!!!!

  • ||

    I'm absolutely stunned the Supreme Court largely votes to support the fed's, in almost all cases. Just like they always have, actually.

    Only the states can check the federal government. Just wish they actually would sometime.

  • The States||

    Free money from Uncle Sam. Wheeeeeeeee!!!!

GET REASON MAGAZINE

Get Reason's print or digital edition before it’s posted online

  • Video Game Nation: How gaming is making America freer – and more fun.
  • Matt Welch: How the left turned against free speech.
  • Nothing Left to Cut? Congress can’t live within their means.
  • And much more.

SUBSCRIBE

advertisement