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A small group of roughly 20 elite lawyers now argues about half of all Supreme Court cases. These specialists overwhelmingly represent large corporations, creating an echo chamber where justices are constantly presented with a pro-corporate narrative, likely influencing the court's pro-business slant.
Each Supreme Court justice employs four elite, recent law school graduates as clerks. These young, unelected individuals hold immense responsibility, making preliminary judgments on which cases the court should hear and writing the first drafts of opinions that shape American law—a reality not contemplated by the Constitution.
Corporate statutes in Delaware are not primarily created by legislators, who often lack expertise. Instead, the Delaware State Bar Association's corporate law section drafts proposed statutes in a technocratic manner, which the legislature then typically rubber-stamps, further shielding the process from partisan politics.
Tom Bilyeu argues that excessive regulation, often championed as pro-consumer, is actually a tool large corporations use to lobby for rules that benefit them and stifle competition. This "regulatory capture" ultimately harms the economy and individual citizens.
Lawyers often act as "handmaidens of the rich," enabling wealthy individuals and communities to use the legal system to block public good projects like mass transit or affordable housing. This subverts the public interest and creates a society that functions well for the wealthy but fails the majority.
Delaware's status as a corporate haven is no accident. In the late 1800s, it strategically designed its legal system to be pro-business by constitutionally mandating political balance on its courts and requiring a two-thirds legislative vote to change corporate code, insulating corporate law from political pressure.
Viewing the Roberts Court as a single, unbroken entity is misleading. Its early phase was a 5-4 court where Justice Kennedy often sided with liberals, creating a sense of balance. His retirement and the appointment of three Trump justices created a new, more predictably conservative and lopsided era.
Antonin Scalia is famous for his "textualist" judicial philosophy. However, in cases involving forced arbitration, he frequently ignored the text of laws to reach pro-corporate outcomes. This led to legal reasoning that even colleagues found incoherent, demonstrating an ideological preference.
The idea of "the law of the land" is weakening. To attract foreign investment, countries are creating separate, business-friendly court systems within their territory, sometimes even renting foreign judges. This "uncouples" law from land for a select, powerful few.
While AI is expected to automate routine knowledge work, the hourly rates for elite lawyers are soaring to previously unthinkable levels like $3,400. This indicates that high-stakes, specialized legal work—crisis management, Supreme Court arguments, and complex deal-making—is becoming more valuable and less susceptible to automation.
An increasing number of Supreme Court justices previously clerked for the Court, with several directly succeeding the justice they once worked for. This trend suggests a self-perpetuating system where retiring justices may influence the White House to appoint their "favorite clerk," creating a dynamic akin to an inherited title.