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THE SUPREME COURT AND BUSINESS
(FORTUNE Magazine) – Given the actuarial odds -- three Justices over 70 and several in poor health -- President Clinton will almost certainly appoint one new Supreme Court Justice, perhaps more. We've heard plenty about what that means for proponents and opponents of abortion rights. But should business people fear the prospect of a more activist, liberal Court? Probably not. The Court's rightward march over the past 12 years has brought little tangible benefit to the private sector. Put aside a misconception. Conservatives, including those on the current Rehnquist court, are not necessarily sympathetic to business. They tend to back the power of government, whether the opponent is a criminal defendant or a corporation. A majority of Justices, for example, upheld a decision by the government of Puerto Rico to restrict casino advertising, even though the action struck libertarians as a gag on freedom of speech. ''Also, conservatism contains a strong support for states' rights,'' observes U.S. Chamber of Commerce attorney Stephan Bokat. So when it's a question of whether Washington can preempt a Florida environmental law, say, conservatives are likely to side with Tallahassee. That's expensive and frustrating for companies, which generally would rather comply with a single federal statute on discharging toxic wastes than 50 different state codes. |
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