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Getting Down to Business: Early Observations on the Roberts Court’s Business Cases

By Allysson Ho
November 07, 2008
In a review of what would prove the last term of the Rehnquist Court, Judge Richard Posner argued that “the more that constitutional law dominates the Court’s docket,” the more politicized the Court will become, as “the more that appointments to the Court focus on the candidate’s likely position in constitutional cases rather than on competence in business law and other statutory fields.” Of course, “constitutional law” and “business law” are not mutually exclusive. And even “business law” or “statutory” cases can generate political controversy. But as other commentators have noted, the Supreme Court’s business docket under Chief Justice John Roberts has been marked not only by greater consensus among the justices, but also by interesting lineups that cut across “political” or “ideological” lines...