When It Comes to Business, the Right and Left Sides of the Court Agree

Epstein, Lee, Landes, William M. & Posner, Richard A.

Journal: Washington University Journal of Law & Policy

Volume: 54

First Page: 033

Year: 2017

Bluebook Citation: 54 WASH. U. J. L. & POL'Y 033 (2017)

Author: Lee R. Epstein: all 39 publications


Abstract

This Article analyzes the voting trends among both liberal- and conservative-leaning Supreme Court justices in the Roberts Court in cases where corporations are a party on one side, either as petitioner or respondent. Epstein, Landes, and Posner show that business interests have had a strong presence in front of the Roberts Court, and in most cases, the Court has voted in favor of businesses. The Article notes that current liberal-leaning Justices are still less pro-business than their conservative colleagues, but Clinton/Obama-appointed liberals on the Roberts Court are still more pro-business than their Democratic predecessors appointed by previous presidents. The authors conclude the trends leading up to and supported by the Roberts Court characterize the bench as “pro-business.”

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