Business at the Court

It's the first Monday in October, and that means another Supreme Court term is upon us. In addition to cases addressing church-state separation and First Amendment protections, the Court will be hearing a load of cases relating to business and finance that could have broad implications for all Americans.

The justices’ decisions will be closely watched at a time when, constitutional scholars say, Obama administration initiatives are generating fundamental questions about the structure and limits of government power that will, in short order, reach the court.

“There will be major ways in which these interventions will produce legal and constitutional issues,” said Michael W. McConnell, a former federal appeals court judge who is now director of the Stanford Constitutional Law Center.

And these aren't even the kinds of business cases we're used to talking about with relation to the Court.

In recent terms, the business docket was studded with cases about employment discrimination, federal pre-emption of injury suits and the environment. With the exception of a single employment case, all of those categories are missing.

In their stead, important questions about bankruptcy, corporate compensation, patents, antitrust and government oversight of the financial system will confront the justices.

PFAW