blueturk
01-03-2006, 09:44 PM
Posted on Mon, Jan. 02, 2006
Businesses see allies in Roberts and Alito
Chief justice, nominee have records friendly to corporate interests
DONNA CASSATA
Associated Press WASHINGTON -
Business couldn't do any better than Chief Justice John Roberts and Samuel Alito on the Supreme Court.
One represented corporate interests as a private attorney; the other often sided with employers in lawsuits filed by workers. The prospect of the two on the Supreme Court signals to manufacturers and businesses that they will have allies in high places, say academics and business experts.
Beyond their decisions in individual cases, the Roberts court also has the potential to craft a consistent philosophy on business issues, something that several academics argue has been lacking in recent years since the departure of Lewis Powell in 1987. A former corporate lawyer, Powell built a reputation as a friend of business during his 15 years on the Supreme Court.
The court's highly selective docket for the current term will give Roberts and Alito, assuming the latter is confirmed, ample opportunity to shape the court. Among the critical issues for companies are the Supreme Court's decisions in antitrust cases, government regulation of land development and the commerce clause.
Certain to catch any court watcher's attention is how the new justices decide on whether to limit punitive damages in lawsuits against corporations.
"Both of them come out of a tradition of reading statutes narrowly. Both of them come out of a tradition of confining congressional power to the proper sphere," said Nathaniel Persily, a professor at the University of Pennsylvania Law School. "In contrast to the more liberal members ... I see them more in favor of business."
Roberts spent more than a decade with the private law firm of Hogan & Hartson, arguing on behalf of Toyota and health maintenance organizations. He wrote friend-of-the-court briefs for the U.S. Chamber of Commerce, participated in its moot court and earned its endorsement.
Alito compiled a record of backing businesses in employee claims of sex and racial discrimination during 15 years on the Philadelphia-based 3rd Circuit U.S. Court of Appeals. Corporate cases were prevalent in the appellate court, whose jurisdiction includes Delaware. More than half a million business entities call Delaware their legal home.
Abortion and social issues dominate the public debate over the Supreme Court, but business matters make up a significant portion of the justices' work.
Of the businesses cases, "while some are constitutional cases, many are statutory interpretations where Congress failed to decide or a written statute it is impossible or difficult to tell what they meant," said Quentin Riegel, vice president for litigation at the National Association of Manufacturers.
http://www.charlotte.com/mld/observer/news/13532478.htm
Businesses see allies in Roberts and Alito
Chief justice, nominee have records friendly to corporate interests
DONNA CASSATA
Associated Press WASHINGTON -
Business couldn't do any better than Chief Justice John Roberts and Samuel Alito on the Supreme Court.
One represented corporate interests as a private attorney; the other often sided with employers in lawsuits filed by workers. The prospect of the two on the Supreme Court signals to manufacturers and businesses that they will have allies in high places, say academics and business experts.
Beyond their decisions in individual cases, the Roberts court also has the potential to craft a consistent philosophy on business issues, something that several academics argue has been lacking in recent years since the departure of Lewis Powell in 1987. A former corporate lawyer, Powell built a reputation as a friend of business during his 15 years on the Supreme Court.
The court's highly selective docket for the current term will give Roberts and Alito, assuming the latter is confirmed, ample opportunity to shape the court. Among the critical issues for companies are the Supreme Court's decisions in antitrust cases, government regulation of land development and the commerce clause.
Certain to catch any court watcher's attention is how the new justices decide on whether to limit punitive damages in lawsuits against corporations.
"Both of them come out of a tradition of reading statutes narrowly. Both of them come out of a tradition of confining congressional power to the proper sphere," said Nathaniel Persily, a professor at the University of Pennsylvania Law School. "In contrast to the more liberal members ... I see them more in favor of business."
Roberts spent more than a decade with the private law firm of Hogan & Hartson, arguing on behalf of Toyota and health maintenance organizations. He wrote friend-of-the-court briefs for the U.S. Chamber of Commerce, participated in its moot court and earned its endorsement.
Alito compiled a record of backing businesses in employee claims of sex and racial discrimination during 15 years on the Philadelphia-based 3rd Circuit U.S. Court of Appeals. Corporate cases were prevalent in the appellate court, whose jurisdiction includes Delaware. More than half a million business entities call Delaware their legal home.
Abortion and social issues dominate the public debate over the Supreme Court, but business matters make up a significant portion of the justices' work.
Of the businesses cases, "while some are constitutional cases, many are statutory interpretations where Congress failed to decide or a written statute it is impossible or difficult to tell what they meant," said Quentin Riegel, vice president for litigation at the National Association of Manufacturers.
http://www.charlotte.com/mld/observer/news/13532478.htm