Striking down an antitrust rule nearly a century old, the Supreme Court ruled today that it is no longer automatically unlawful for manufacturers and distributors to agree on setting minimum retail prices.
The decision will give producers significantly more leeway, though not unlimited power, to dictate retail prices and to restrict the flexibility of discounters.
Five justices said the new rule could, in some instances, lead to more competition and better service. But four dissenting justices agreed with the submission of 37 states and consumer groups that the abandonment of the old rule would lead to significantly higher prices and less competition for consumer and other goods.
Speaking of judicial activism, guess which judge strikes down the most legislation, i.e., is the biggest judicial activist?
A: Anthony Kennedy.
Here is a good article on him in The New Republic. Yes, it happens.
Here's to hoping that in 2 years this bunch of wild-eyed conservative ideologues is the Republican party's only hold on power in Washington. Clearly they can do enough damage by themselves, blowing through our system of laws like a tornado and trashing the place every 3 months.
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