This analysis is fine as far as it goes, but it seems to be entirely based on a single opinion. There's nothing I know of to suggest Kavanaugh has any deep commitment to the Chicago school such that he would per se find an amicus brief by Tirole Scholars unpersuasive.
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Are cases other than Anthem discussed?
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Whole Foods
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My mistake then, two opinions. Otherwise same comment.
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Ha. He’s federalist crowd. And two opinions that stake out pretty aggressive position. Think the analysis is spot on.
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True, he's a FedSoc guy, and I don't disagree with the analysis as far as it goes, but I don't think you can really infer a deep commitment to Bork's view of antitrust from two opinions.
End of conversation
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He is incredibly deferential to corporations even when plain text of law says their actions are illegal.
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The problem here is that Bork's vision has captured the judiciary by pointing out that 60s and 70s antitrust enforcement was capricious and often intellectually confused (are we trying to protect workers, small business or consumers or what?) We need an updated vision.
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Noah, sometimes just sometimes a third rate individual and second rate jurist when given a second chance can sometimes become surprisingly innovative. I actually expect a pivot from Sotomayor and Kavanaugh to go progressive.
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never saw a merger he didn’t like.
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That's one way of saying he's like this guy, but with more BEER and sexual assault:pic.twitter.com/qvU7CcdRRm
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It does seem somewhat socialist and quasi-nationalizing to force private companies to structure themselves in any specific way, or indeed force them do anything at all.
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Trustworthy
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Plutocratic running dog
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