Corporations and the Supreme Court

Since Chief Justice John Roberts and Justice Samuel Alito joined the Supreme Court in the 2005-2006 Term, the Court has become increasingly friendly toward big business, often elevating the interests of corporations over those of individuals and ruling for the Chamber’s position 70% of the time.

Beginning with our first study in 2010, we have tracked this trend through our reports on the 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 latest Term. Read our full review of the 2019-2020 term here.

Current Term Overview (2020-2021 Term)

Pending Cases

• AMG Capital Management, LLC v. Federal Trade Commission
• Americans for Prosperity v. Becerra; Thomas More Law Center v. Becerra
• BP P.L.C. v. Mayor and City Council of Baltimore
• Cedar Point Nursery v. Hassid
• CIC Services, LLC v. IRS
• Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System
• Nestlé USA, Inc. v. Doe I; Cargill, Inc. v. Doe I
• PennEast Pipeline Co., LLC, v. New Jersey
• TransUnion LLC v. Ramirez

Chamber Wins

• Facebook, Inc. v. Duguid

Chamber Losses

• Ford Motor Co. v. Montana Eighth Judicial District Court
• Rutledge v. Pharmaceutical Care Management Association

Decisions Resulting in Neither a Win Nor a Loss

• Carney v. Adams

Cases Resolved Without Decision

• Henry Schein, Inc. v. Archer and White Sales, Inc.

Long-Term Trends

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.