Is the Business of the Court (Still) Business?

Jonathan H. Adler

The ANNALS of the American Academy of Political and Social Science, 2024, vol. 713, issue 1, 221-238

Abstract: The Roberts court has long been characterized as a “probusiness†court, given the ostensible orientation of the court’s Republican-appointed majority and assumptions that President Trump’s appointments have magnified that orientation. But there are reasons to question this characterization. Quantitative analyses often fail to account for the relative importance of individual decisions, the broader legal context in which the court’s decisions are made, or the ways in which decisions can alter or depart from preexisting legal baselines. I show that President Trump’s appointments to the court have fairly consistently voted to restrain the power of administrative agencies, but they have not consistently supported outcomes that are beneficial to business. In cases involving state laws that may fragment or burden national markets, the Roberts court may actually be less sympathetic to business interests than it was prior to Trump’s appointments.

Keywords: Supreme Court; Roberts court; judicial appointments; business law; administrative law; Trump judicial appointments (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:713:y:2024:i:1:p:221-238

DOI: 10.1177/00027162251335401

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