"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Monday, May 13, 2019

U.S. Supreme Court Justice Brett M. Kavanaugh Aligns With the Correct Side on Apple Inc. v. Pepper ( ) 846 F. 3d 313, affirmed

Bravo U.S. Supreme Court and Justice Kavanaugh on the correct decision in the case of Apple Inc. v. Pepper (pdf), just decided today, Monday, May 13, 2019!

"Conservative" Justice Kavanaugh has taken the lead -- together with the so-called "liberal" Justices on the Supreme Court -- in setting the proper stage for the future of technology and the legal obligation of tech companies not to gouge customers via monopolistic prices and practices.

Surprisingly, Chief Justice Roberts, usually a judge applying a lot of common sense to controversial cases before the Court, badly dropped the ball and sided with the hopelessly backward minority in not voting against what anyone can see is clear price gouging by Apple - its modus operandi. We would describe Apple's arguments in this case as obfuscatory piffle paffle.

See the case documents to APPLE INC. v. PEPPER ( ) 846 F. 3d 313, affirmed, at the Legal Information Institute at Cornell Law School.

The tech company Apple has been a proprietary-oriented company from its very beginnings -- which is the main reason this user does not buy or use Apple's vastly overpriced viz. overcharged monopoly-based products.

It is indeed high time that the antitrust laws be brought to bear strongly on tech company monopolistic prices and business practices, not just at Apple.

There is vast commentary online already about this case.
See e.g. these reports:

Adam Liptak and Jack Nicas at The New York Times at
Supreme Court Allows Antitrust Lawsuit Against Apple to Proceed

Noah Feldman at BNN Bloomberg at
Kavanaugh Takes a Shot at Apple, and Big Tech Should Take Note

Ian Millhiser at Think Progress at
Surprise! Kavanaugh joins liberal justices in 5-4 decision

U.S. Supreme Court Justice Kavanaugh Appears with Retired Justice Kennedy and Talks about Founder-Unforeseen Technology, the Future of Constitutional Law, and Judicial Civility

Brett M. Kavanaugh just made his first major appearance since his confirmation as a U.S. Supreme Court Justice. He appeared with retired Justice Anthony M. Kennedy, whose seat Kavanaugh now occupies on the nation's highest court.

Debra Cassens Weiss reports at the ABA Journal at
In first major appearance since confirmation, Kavanaugh stresses civility and independence.

Kavanaugh's comments about Constitutional Law in the face of a technological future not foreseen by the country's founders are especially of interest, given the curious attempt of some judges to apply the U.S. Constitution as the ancient founders saw it in an era devoid of the technology that dominates the world today.

U.S Supreme Court Justices Kavanaugh and Gorsuch Part Their Sometimes Twin Ways

The virtually "twin backgrounds" of Justices Kavanaugh and Gorsuch and their judicial parting of ways on the U.S. Supreme Court is examined by Adam Liptak at the New York Times.

Justice Kavanaugh has been leaning in his decisions toward the powerful center of the Court and the common sense jurisprudence of Chief Justice Roberts, while Justice Gorsuch has aligned himself with dogmatic originalism and its non-critical legally lazy originalist "formula" thinking.

Kavanaugh would appear to have the better long-term approach to law and legal precedent and is the positive surprise of the two new Justices.

Gorsuch puts his own dogmatic peremptory ideas about law, especially via his self-centered flowery judicial writing, much more into the forefront, and has the makings of a "fringe" judge destined to make less of a practical impact on the Court than Kavanaugh.

Hat tip to CaryGEE.