Business and the Roberts Court


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Cover for  Business and the Roberts Court

In recent years, the Supreme Court appears to have taken a greater interest in “business” issues. Does this reflect a change in the Court’s orientation, or is it the natural outcome of the appellate process? Is the Court “pro-business”? If so, in what ways do the Court’s decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court’s business-related jurisprudence. In this volume, prominent academics examine the Roberts Court’s handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others.



“It is commonplace for politicians, journalists, and the public at large to debate whether the Supreme Court is ‘pro-business.’ As the essays in this outstanding volume demonstrate, however, this is not just the wrong question-it is an inherently incoherent question. One cannot analyze Supreme Court decisions by simply totting up wins and losses from a single term, as many mindless end-of-term articles try doing. Instead, one must take a longer view over many terms. But even if one does so it is rarely obvious that specific decisions can be easily categorized as pro- or anti-business. Accordingly, the contributors to this volume bring to bear a much more sophisticated set of tools to analyze how the Supreme Court affects business. It will therefore require a place on the bookshelf of any lawyer, judge, or academic who cares about the relationship of law and business.”

Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law

“Determining whether the Roberts Court is a ‘business court’ requires going beyond superficialities and examining specific doctrines and cases. This volume does that brilliantly.”

Paul Clement, Bancroft PLLC, 43rd U.S. Solicitor General

“Finally. We now have a collection of pieces from the leading scholars in the field that takes us beyond the rhetoric of the Roberts Court as ‘pro-business.’ It is an indispensable volume for anyone giving serious thought to these important issues.”

Tom Goldstein, Publisher, SCOTUSblog

Events, Interviews & Podcasts

Cato Institute Book Forum on Business and the Roberts Court – March 2, 2017

Discussion featuring Jonathan Adler, Andrew Pincus & Walter Olson

Liberty Law Talk podcast  – “Is the Roberts Court Really Supreme Court Inc?” – April 3, 2017

Federalist Society teleforum podcast on Business and the Roberts Court – Jan. 12, 2017

Featuring Jonathan H. Adler, Brian T. Fitzpatrick & Richard Lazarus

SCOTUSBlog Ask the author interview on Business and the Roberts Court – Nov. 28, 2016


  • Introduction: In Search of the Pro-Business Court – Jonathan H. Adler
  • Business, the Roberts Court, and the Solicitor General: A Further Exploration – Bradley W. Joondeph
  • Is the Court Business-Friendly? Is the Pope Catholic? – J. Mitchell Pickerill
  • Advocacy Matters – Richard J. Lazarus
  • Securities Law in the Roberts Court: Agenda or Indifference? – A.C. Pritchard
  • Civil Procedure in the Roberts Court – Brian T. Fitzpatrick
  • The Roberts Court and the Limits of Antitrust – Thomas A. Lambert
  • Preemption in the Roberts Court: Dual Federalism By Another Name? – Roderick M. Hills, Jr.
  • In the Business of Free Speech: The Roberts Court and Citizens United – Joel M. Gora
  • Employment Law in the Roberts Court: Public Goals, Private Enforcement  – Matthew T. Bodie
  • Business as Usual? The Roberts Court and Environmental Law – Jonathan H. Adler