Michigan

New York Times Reports on The U.S. Supreme Court's Friendly Stance Toward Business Interests

The New York Times Magazine has published a piece detailing the apparent strengthening of businesses interests before the U.S. Supreme Court. In the article, the Times profiles the efforts of the U.S. Chamber of Commerce in its advocacy of business interests before the United State Supreme Court. The article notes that in the Supreme Court's most recent term the chamber?s litigation center filed briefs in 15 cases, with its side winning in 13 of them ? the highest percentage of victories in the center?s 30-year history.

An interesting aspect of this story is that some of the justices on the Supreme Court who are generally considered "liberal" joined in decisions that favored the positions advocated by the U.S. Chamber of Commerce, positions that are typically considered to be very conservative. This shift represents what the article terms "an ideological sea change on the Supreme Court," especially when one considers that only a number of years ago businesses interests were viewed with skepticism by the Supreme Court.

Although many business owners and entrepreneurs might feel inclined to applaud this apparent shift in the Supreme Court's judicial philosophy, this change is not without its critics. Many observers and legal practitioners are concerned at what they believe is a growing and one-sided sympathy by courts across the country with business interests. These critics complain that the interests and legal rights of consumers and individuals are being subordinated to corporate America's pursuit of profits. Some of these critics also point out that the U.S. Chamber of Commerce tends to serve the interests of very large businesses, which can and often are divergent from the interests of small businesses.

Whatever side of the debate you are on, the article is an interesting and informative read about an issue that effects all of us.

Full post as published by Michigan Business Lawyer Blog on March 17, 2008 (boomark / email).