Supreme Court Justice Brett Kavanaugh delivered the majority opinion in a decision earlier today for Apple Inc. v. Pepper that will remove a special legal exemption protecting Apple from certain lawsuits.
The plaintiffs argued that Apple had illegally monopolized the aftermarket for iPhone apps. Apple argued that the plaintiffs were not direct purchasers from the company even though they were buying them from the Apple store. Kavanaugh rejected this notion, siding with the more left-leaning justices on the court against Big Tech.
“Apple’s theory would disregard statutory text and precedent, create an unprincipled and economically senseless distinction among monopolistic retailers, and furnish monopolistic retailers with a how-to guide for evasion of the antitrust laws,” Kavanaugh wrote in the majority opinion.
The ruling ultimately came down to a 5-4 opinion where Kavanaugh was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan while Justices Gorsuch, Thomas, Roberts and Alito opposed the majority.
Kavanaugh made it clear with his conclusion that he is open to the idea of using anti-trust laws to bring tech giants such as Apple to heel.
He wrote: “Ever since Congress overwhelmingly passed and President Benjamin Harrison signed the Sherman Act in 1890, ‘protecting consumers from monopoly prices’ has been ‘the central concern of antitrust.'”
“The consumers here purchased apps directly from Apple, and they allege that Apple used its monopoly power over the retail apps market to charge higher-than-competitive prices. Our decision in Illinois Brick does not bar the consumers from suing Apple for Apple’s allegedly monopolistic conduct,” Kavanaugh added.
Gorsuch delivered the dissenting opinion, as he and the bloc of conservative justices believed Apple should keep their legal immunity from liability.
“No antitrust reason exists to treat these contractual arrangements differently, and doing so will only induce firms to abandon their preferred—and presumably more efficient—distribution arrangements in favor of less efficient ones, all so they might avoid an arbitrary legal rule,” Gorsuch wrote.
He hid behind the precedent of Illinois Brick Co. v. Illinois (1977) which barred indirect buyers of goods or services from being able to sue for damages, an effective way for corporations to circumvent established anti-trust law.
“If the proximate cause line is no longer to be drawn at the first injured party, how far down the causal chain can a plaintiff be and still recoup damages? Must all potential claimants to the single monopoly rent be gathered in a single lawsuit as necessary parties (and if not, why not)?” Gorsuch asked.
“Without any invitation or reason to revisit our precedent, and with so many grounds for caution, I would have thought the proper course today would have been to afford Illinois Brick full effect, not to begin whittling it away to a bare formalism,” Gorsuch wrote in his conclusion.
Conservatives who support Big Tech monopolism are criticizing Kavanaugh’s decision.
“The real question is, what is Kavanaugh doing here?” talk show commentator Rush Limbaugh said. “If you go back to the Federalist Society, Kavanaugh was cited as the best — better than Gorsuch, more conservative, more pure, this, that and the other thing. And this is the second or third time that he has aligned with the leftist. I’ll tell you what I think: I think all that [Blasey] Ford stuff worked.”
“This morning, the Supreme Court of the United States radically expanded plaintiff’s rights to commence class-actions against deep pocketed corporations. And what alliance was it? It was the four liberal members of the court and its newest member Justice Brett Kavanaugh, writing a decision that is a plaintiff’s lawyers delight,” said Judge Andrew Napolitano of Fox News.
“I did not see this coming,” Napolitano added. “All the indications about Brett Kavanaugh were that he was a monolithic conservative that wouldn’t even listen to the other side and during the course of the unfortunate hearings that he had, when he was allowed to talk about his political philosophy, he said I am not a monolithic anything, I listen to the facts and I apply the law. Today he and the four liberal members of the court radically expanded the rights of plaintiffs to bring class-actions.”
I've been skeptical of Kavanaugh as a pick since Trump named him. This is another reason why. https://t.co/EuSlQHXa4S
— Ben Shapiro (@benshapiro) May 13, 2019
Kavanaugh may be guilty of heresy to market orthodoxy for his ruling, but it shows that Big Tech is on his radar as monolithic social media corporations inflict Orwellian censorship against right-wing dissidents. It’s looking like Trump made the correct decision standing with Kavanaugh during last year’s witch hunt hearings.
Facebook Instituted Extreme Censorship After Presidential Election to Bury Fraud Whistleblowers
This is the greatest crime in U.S. history.
In the direct aftermath of the election, Facebook instituted brand new draconian censorship measures in order to prevent electoral fraud whistleblowers from having their voices heard on the platform.
The New York Times revealed in an article published on Tuesday how Facebook became Big Brother to enforce the Democrat theft of America:
President Trump was already casting the election as rigged, and stories from right-wing media outlets with false and misleading claims about discarded ballots, miscounted votes and skewed tallies were among the most popular news stories on the platform.
Typically, N.E.Q. scores play a minor role in determining what appears on users’ feeds. But several days after the election, Mr. Zuckerberg agreed to increase the weight that Facebook’s algorithm gave to N.E.Q. scores to make sure authoritative news appeared more prominently, said three people with knowledge of the decision, who were not authorized to discuss internal deliberations.
The change was part of the “break glass” plans Facebook had spent months developing for the aftermath of a contested election. It resulted in a spike in visibility for big, mainstream publishers like CNN, The New York Times and NPR
As a result of Facebook’s editorial policy to censor whistleblowers, much of the public has been convinced of the legitimacy of an incredibly dubious election marred with improprieties and abnormalities.
Big League Politics reported on the insanity of election night in Detroit after tens of thousands of mystery ballot showed up:
One day after the election, the results are still pending and will likely depend on the rust belt. President Donald Trump holds a strong lead in the state of Michigan, but the city of Detroit and their mail-in and absentee ballots have yet to be officially tallied.
In news that will likely cast further doubt on the election results, tens of thousands of absentee ballots arrived in large U.S. Postal Service boxes at the TCF Center in Detroit, Mich. on Wednesday morning at 3:30 am. The TCF Center, formerly Cobo Hall, is where the absentee ballots are counted for Wayne County, which is the home of Detroit.
Former Michigan state senator Patrick Colbeck wrote that the total number of ballots dumped on the counting board totaled 38,000…
Before the ballots showed up mysteriously at 3:30 am, no ballots had arrived at the TCF Center for over six hours, and many poll workers in the facility sat around with no work to do while getting paid hundreds of dollars by the state of Michigan.
According to Michigan election law, all of these mail-in and absentee ballots had to be submitted before 8pm on Tuesday night in order to be lawfully accepted and counted for the election. This means the city of Detroit potentially sat on these ballots for hours. The white van that arrived had the name of Detroit city clerk Janice Winfrey emblazoned upon it as well as a logo and a phone number. Last month, Winfrey set the stage to drag out the process in an interview with ABC 7 News.
“We’re back in control, and we know that we will have nearly 10,000 poll workers that will be working with us to process ballots on election day, or election week is what we’re calling it now, because we know we’re going to be slow,” she said, adding that she was not going to let “outside influencers” get in the way of her election day schemes.
If the election steal isn’t reversed, Western Civilization is finished, and the Beast System will reign supreme over the world.
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