Business and the Supreme Court

During the past few months--in connection with both the Presidential election and speculation about Supreme Court vacancies over the next year or two--there has been much attention to the work of the U.S. Supreme Court. Issues of "social" import--abortion, gay marriage, and civil rights--tend to dominate the public discourse. Yet, there are a large number of cases the Court hears each term that affect, either directly or indirectly, the business community. Cases involving issues of copyright protection, preemption, employment discrimination, tort liability, and environmental regulations all have a bearing on the marketplace. Indeed, in any given term, the Court typically hears more of these types of cases than it does cases of broader "social" interest.

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at info@fedsoc.org.