Live blog of orders and opinions | June 25, 2018 (with John Elwood and First Mondays)
We live-blogged as the Supreme Court released orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.). The justices added seven new cases to their merits docket for next term. The justices announced their decisions in Abbott v. Perez and Ohio v. American Express Co. Guest bloggers from First Mondays and John Elwood of Relist Watch also joined us.
3rd & 7 37yd
3rd & 7 37yd
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This is an antitrust case, in which a group of states are challenging a provision in the contract between American Express and the merchants that accept its cards; the provision bars the merchants from trying to steer their customers to use a particular credit card. The main issues before the court were twofold. First, at what market should courts look at in a case like this: Just at the merchants, or at the merchants and the cardholders? Second, if courts look at both the merchants and the cardholders as the market, do the plaintiffs have to show that both sides are harmed by the provision?
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Here's the opinion in Ohio v. American Express. Beth Farmer will have our analysis: