Corporations and the Supreme Court
Since Chief Justice John Roberts and Justice Samuel Alito joined the Supreme Court (October Term 2005), the Court has become increasingly friendly toward big business — ruling for the Chamber’s position 70% of the time — often elevating the interests of corporations over those of individuals.
Beginning with our first study in 2010, we have tracked this trend through our reports on the U.S. Chamber of Commerce and its record before the Roberts Court. Below are some of the highlights of our analyses, as well as up-to-date statistics on the Chamber’s win-loss rate during the Court’s most recent Term.
Latest Term Overview (October Term 2018)
- The Dutra Group v. Batterton
- Food Marketing Institute v. Argus Leader Media
- Henry Schein Inc. v. Archer and White Sales Inc.
- Lamps Plus Inc. v. Varela
- Manhattan Community Access Corp. v. Halleck
- Merck Sharp & Dohme Corp. v. Albrecht
- North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
- Obduskey v. McCarthy & Holthus LLP
- Parker Drilling Management Services, Ltd. v. Newton
- Return Mail Inc. v. U.S. Postal Service
- Timbs v. Indiana
- Weyerhaeuser Company v. U.S. Fish and Wildlife Service
- Air and Liquid Systems Corp. v. DeVries
- Apple Inc. v. Pepper
- Cochise Consultancy Inc. v. U.S., ex rel. Hunt
- Fort Bend County, Texas v. Davis
- Home Depot U.S.A. Inc. v. Jackson
- Kisor v. Wilkie
- Lorenzo v. Securities and Exchange Commission
- New Prime Inc. v. Oliveira
- Virginia Uranium v. Warren
1 Case Resulting In Neither A Win Nor A Loss
2 Cases Dismissed Without Decision
- Emulex Corp. v. Varjabedian
- Quality Systems, Inc. v. City of Miami Fire Fighters’ and Police Officers’ Retirement Trust
CAC’s long-term analysis demonstrates the Chamber of Commerce’s increased rate of success before the Roberts Court, as well as the ideological divide among the Justices with respect to the Chamber’s positions.
How Often Each Justice Rules for the Chamber of Commerce
There is a clear ideological divide among the Justices when it comes to business cases