HOW THE SUPREMES SEE BUSINESS LAW
By Eugenia Levenson

(FORTUNE Magazine) – PRO- OR ANTI-BUSINESS LABELS miss the point as far as the Supreme Court, or individual justices, are concerned: unlike constitutional or hot-button social issues, many business-related cases have not produced clear judicial philosophies. But the high court is no Sphinx, either. Here's how Carter Phillips, managing partner at Sidley Austin Brown & Wood and an expert appellate lawyer who has argued 47 cases before the Supreme Court, reads the room.

THE SYMPATHETIC SET

All things being equal, Justices Kennedy and Breyer (and O'Connor, whose seat Alito is expected to fill) tend to give business the benefit of the doubt. Chief Justice Roberts, a former corporate lawyer, is expected to fall into this camp as well.

THE SKEPTICAL ONES

Ginsburg, Stevens, and Souter generally take a tougher stance. Joined by Scalia and Thomas, they ruled in 2003 that workers exposed to carcinogenic asbestos could collect damages from an employer even if they had not developed cancer.

THE SWINGS

Justices Scalia and Thomas interpret the Constitution narrowly and favor curbing big government, which isn't always good for business. Along with Justice Ginsberg, they dissented in a landmark decision limiting punitive damage awards in 2003.