But it should be. That’s my argument in my latest Bloomberg column.
The problem with the conservative defense of the Roberts court is that it’s too defensive. The court ought to be pro- business. It shouldn’t twist the law to serve the interests of corporations. But there’s no getting around the fact that the promotion of commerce — and particularly its protection from politicians in the states who would exploit or block it — was a major reason we replaced the Articles of Confederation with the Constitution in the first place.