Why Does Business (Usually) Win in the Roberts Court?

Court’s decisions in business cases are characterized not so much by a bias in favor of business per se, but by a skepticism about litigation as a mode of regulation. Thus, businesses fare especially well when they are defendants; even better when the justices appear to view the litigation in question as having broad regulatory goals as opposed to individualized remedial objectives; and better still when the justices view the litigation as lawyer-driven rather than party-driven.

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