Last Sunday, the New York Times reported on study by Northwestern law professor Lee Epstein, University of Chicago economist William Landes, and Judge Richard Posner of the 7th U.S. Circuit Court of Appeals based in Chicago, which found that the Roberts court found in favor of business interests 61% of the time, while the Rehnquist court sided with businesses only 41% of the time.
Ted Frank on PointofLaw.com called the findings questionable, noting that because the Supreme Court is a court of review, it is only fair to say that it is “more pro-business (or less-anti business) that the courts it is reviewing.”
More importantly, it is difficult to categorize a ruling as pro-business, as in the Exxon Shipping v. Baker case. There the court reduced punitive damages from the excessive amount imposed by the Ninth Circuit, which hardly a plus for business.
What do you think? Is the Roberts court pro-business?