The idea that the Supreme Court is too pro-business is rapidly becoming the central liberal critique of the institution. During last year’s confirmation hearings for Justice Elena Kagan, Democrats made their theme the need to counter pro-business activism by the conservatives on the court.
After the court ended its latest term last week, Senate Judiciary Committee Chairman Pat Leahy, a Vermont Democrat, held a hearing on the court’s favoritism toward corporations. Press coverage has mostly echoed the Democrats. At term’s end, Reuters ran the headline, “Big business scores key Supreme Court wins.”
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