Is the Supreme Court Anti-Business?

A year ago commentators regularly claimed that the Roberts Court was a “pro-business” court. This year’s two preemption decisions, Altria v. Good and (in particular) Wyeth v. Levine, have caused some to reconsider. Michael Greve of the American Enterprise Institute goes even farther, arguing the Wyeth decision is positively disastrous for business and reflects a poor understanding of federalism. In an essay posted today on NRO, “Preemption Strike,” Greve rips the Court for extending “an open invitation to juries, state officials, and tort lawyers to help themselves to even more of the diminishing proceeds of America

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