Just in case you still wonder where John Roberts’ loyalties lie:
With today’s decision in Southern Union Company v. United States, the Chamber has declared victory in all seven of its cases that have reached a clear outcome (two are additionally classified as “other” because the Court avoided addressing the issue at stake on procedural grounds, and in one the Chamber filed on behalf of neither party).
This string of seven straight victories brings the Chamber’s overall win/loss rate before the Roberts Court up to 68% (60 of 88 cases). As we have reported in prior studies, this is significantly higher than the Chamber’s success before the Rehnquist Court of 56% (45 of 80 cases), and dramatically higher than its success rate before the Burger Court, when the Chamber only won 43% (15 of 35) of its cases.
The Roberts Court’s pro-Chamber leanings — one might say “subservience” — have been noted before; in fact, the Chamber’s top Supreme Court litigator admitted in December of 2010 that the Roberts Court gives the Chamber special treatment:
Carter G. Phillips, who often represents the chamber and has argued more Supreme Court cases than any active lawyer in private practice, reflected on its influence. “I know from personal experience that the chamber’s support carries significant weight with the justices,” he wrote. “Except for the solicitor general representing the United States, no single entity has more influence on what cases the Supreme Court decides and how it decides them than the National Chamber Litigation Center.”
The best justice money can buy!