Eric Posner on the Supreme Court's Threats to Protections Against Abusive Business Practices
The Far-Reaching Threats of a Conservative Court
With the start of the Supreme Court’s new term, many people are wondering whether the conservative majority, which has taken a further step to the right with the appointment of Brett Kavanaugh, will overturn Roe v. Wade.
But that’s not where the action is. As two cases argued before the court this month illustrate, the real question is whether it will undermine the system of government that has protected the public from abusive business practices since the New Deal.
The two cases might seem esoteric, and far removed from government protection of workers and consumers. Gundy v. United States involved a challenge to the attorney general’s extension of sex-crime-registration law to offenders convicted before the law was enacted. Nielsen v. Preap involved a government policy that deprived certain unauthorized immigrants of some procedural protections against deportation.
Liberals might root against the government — the immigration and sex offender policies are harsh. But they should be careful what they wish for. The conservative majority can, and most likely will, rule against the government using broad theories that would also eat away at the constitutional foundations of the New Deal system, which is essential for protecting health and safety, the environment and much else.
Read more at The New York Times