"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.