The Roberts' court might just as well be called "Roberts, Scalia, Thomas, Alito and Kennedy LLP." They serve their clients well. First the Skilling ruling Thursday, now this. Supreme Court Rolls Back a Law Born of Enron The timing is exquisite. First the Supreme Court of the United States provided a significant legal victory to the mastermind behind one of the greatest corporate frauds in American history. Next the court may throw out the law that Congress passed to reform corporate America — a law inspired by that very fraud.
This one can't be blamed on them. It was a 6-3 decision, and the 3 dissenters actually argued that the whole law should be jettisoned instead of just a part of it.
The timing is probably due to the law itself being involved with a current case. Strange that some laws seems so good when first implemented, but once challenged, the holes pop up.
This actually was more of a corruption / fraud statute, although I think they are set to rule on Sarbanes Oxley soon as well.
