ABSENCE OF SCALIA COULD CHANGE
SUPREME COURT
“ . . . there's no guarantee that his [Justice Anton Scalia’s] death will change things.
But many of the Roberts [Supreme] Court's most important
business cases were decided by a 5-4 margin, with the five
conservarive Justices voting as a bloc. And, as [Vanderbilt
University professor Brian] Fitzpatrick points out, ‘[Justice Antonin]
But many of the Roberts [Supreme] Court's most important
business cases were decided by a 5-4 margin, with the five
conservarive Justices voting as a bloc. And, as [Vanderbilt
University professor Brian] Fitzpatrick points out, ‘[Justice Antonin]
Scalia has done more than any other justice in making
it difficult for consumers and employees to bring class-action
suits. So his absence alone may make a difference.’ There have
already been signs of this: just last week, Dow Chemical settled
a major class-action suit, saying that Scalia's death
increased the chances of ‘unfavorable outcomes for business.’
It's unlikely that Scalia will be replaced anytime soon. But
let's hope that, when a successor is finally appointed, it is
it difficult for consumers and employees to bring class-action
suits. So his absence alone may make a difference.’ There have
already been signs of this: just last week, Dow Chemical settled
a major class-action suit, saying that Scalia's death
increased the chances of ‘unfavorable outcomes for business.’
It's unlikely that Scalia will be replaced anytime soon. But
let's hope that, when a successor is finally appointed, it is
someone willing to give ordinary citizens the day in court
that Scalia worked so hard to deny them.”
that Scalia worked so hard to deny them.”
James Surowiecki, “Courting Business,” New Yorker,
March 17, 2016, page 21.
