Justice Kavanaugh Sides With Liberals in Anti-trust Case Against Apple

WASHINGTON, D.C. – A good many voters pointed to the Supreme Court as their primary justification of voting for Donald Trump in 2016. It was a good priority to have, being that the president elected in 2016 would likely appoint three or more justices to the Supreme Court of the United States. Thus far, President Trump has appointed two justices – Neil Gorsuch and Brett Kavanaugh – and, by all appearances, has followed through on his promise to appoint conservative, originalist judges.

As cases come before the court, however, Trump’s second pick (Kavanaugh) is giving conservatives some cause for worry. Kavanaugh just sided with liberal justices in a 5-4 decision in a case regarding anti-trust violations and corporate juggernaut Apple.

From The Hill:

“[…] The Supreme Court on Monday said that iPhone users can proceed with a class-action lawsuit against Apple over its control of app sales in a ruling that could threaten the company’s exclusive marketplace of third-party software.

A group of consumers had sued Apple, claiming that the company’s monopoly over its App Store led to inflated app prices. Apple disputed the legality of the suit, arguing the consumers had no standing to sue the company because it merely operated an intermediary between users and the developers who make and sell apps.

Justice Brett Kavanaugh wrote the opinion for the 5-4 decision, surprising many by breaking with his conservative colleagues and siding with the court’s liberal justices. […]”

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The dissent was authored by Trump’s first appointment to the high court, Justice Neil Gorsuch, who has actually lived up to his reputation as a conservative jurist.

“[…] Leading the dissent for the four conservatives was Justice Neil Gorsuch — who, like Kavanaugh, is a Trump appointee. Gorsuch argued that if Apple’s App Store practices are indeed monopolistic, then it would be the app developers who are harmed and have standing to sue and not the consumers.
Gorsuch was joined by Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas. […]”
While this decision was more process related — the ruling did not rule on the merits of the case, but merely allows the case to proceed through lower courts — it is the kind of 5-4 decision that Trump voters certainly hoped would be going the other way with two Trump-appointed justices on the bench.
The weight of those close decisions will only increase with the nature of the cases before the court. Trump voters could learn in June, win multiple rulings will be announced, whether or not Kavanaugh was worth such a protracted confirmation battle, or if he is another John Roberts in the making. Roberts infamously sided with liberals to pave the way for Obamacare.
Read more about the case from The Hill, here.

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