The current Supreme Court is the most pro-business of all time. That's the clear message from an important new paper looking at court decisions between 1921 and 2020.
The current Supreme Court is the most pro-business of all time. That's the clear message from an importantThe past 70 years have seen the government broadly — not only the judiciary but also both the Democratic and Republican parties — embrace an increasingly business-friendly agenda.
The new data shows a degree of pro-business sentiment today far exceeding even the pre-Depression highs.When the court heard a case featuring a business on one side and a non-business on the other, it found in favor of the business 83% of the time in 2020, and 63% of the time that John Roberts has been Chief Justice.
Justices nominated by Democrats can also be business-friendly. Elena Kagan, for instance, is pro-business 56% of the time, placing her higher on the list than Antonin Scalia. The least business-friendly current justice, Sonia Sotomayor, still manages to rank 17th out of 57 justices. She finds in favor of business 48% of the time. The equivalent number for Earl Warren, who was chief justice during the more worker-friendly era of 1953 to 1969, is just 25%.When the government takes sides in these cases, it usually takes the business's side. The Office of the Solicitor General opposed the business just 20% of the time while Roberts was chief justice.
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