Episode 65: Why Corporate America Wants a Conservative Supreme Court.

Civil Action with Brian & Shant

Today Brian and Shant discuss why businesses and corporate America tend to support conservative Supreme Court justices... spoiler alert: they don't care about social issues. While big businesses often take more progressive stances on hot-button social issues like abortion and gay rights, businesses nevertheless fund conservative agendas so they can ensure a legislature and judiciary who are going to take more “pro-business” stances on cases, whether they involve consumer protection, workers rights, or the enforcement of arbitration.

Brian and Shant discuss some of the historical arc of pro-business decisions including the recent West Virginia v. Environmental Protection Agency in 2022 which limits the power the EPA has to regulate carbon emissions and the AT&T Mobility LLC v. Concepcion in 2011 which expanded the scope of the Federal Arbitration Act to say that companies could in fact include class action waivers in their arbitration agreements with employees and consumers, even if it is against state law.

Hear how a conservative court isn’t always consistent on issues of State vs Federal law, often ruling in favor of reducing states rights when it comes to regulations on business but then shifting power back to the states when it comes to social issues or individual freedoms.

Finally, hear their thoughts on why Democrats have had a difficult time with their political messaging and how they can turn things around in hopes of eventually shifting the court to be less packed with conservative leaning justices.