The U.S. Supreme Court has considered several important business cases in recent years, with several more on the docket for the current term. But despite some high profile victories, the current Supreme Court is not uniformly pro-business, according to a panel on Supreme Court cases at ILR’s 12th Annual Legal Reform Summit.
On the panel, former U.S. Solicitor General Paul Clement and noted Supreme Court litigator Lisa Blatt discussed several recent cases, such as last year’s decision in Wal-Mart v. Dukes that severely restricted certain types of class actions. Clement noted that the Wal-Mart decision is already being cited in dozens of lower court decisions on class actions. Blatt discussed a few cases from last term where businesses did not get the outcome they were looking for, noting that federalism and states’ right issues can swing some justices against the business position.
Clement and Blatt also discussed several key cases that will be considered by the Court in the current term, including ones dealing with federal preemption, private property rights, standing, patent law, transnational torts and last year’s health care law.