July 14, 2005

Business Week has a "news analysis" on the impact, or lack thereof, of the Supreme Court on the business community. The article notes that under Chief Justice Rehnquist the Court has rarely taken cases in "vital areas such as antitrust, environmental, intellectual-property, securities, and tax law." The most glaring omission may be in the area of class actions, where the Court has "refused to put substantial hurdles in the way of plaintiffs' attorneys who file these cases."

Two possible causes of the justices' reluctance to take on these cases are their lack of business law experience and their preference for issues that involve constitutional, as opposed to statutory, interpretation. Will one (or two) new justices make a difference? We will find out soon.