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.
Amazon Updates App Icon After People Complain That It Reminded Them of Adolf Hitler
The left is obsessed with Nazis.
Amazon has changed the logo of its smartphone app after people said that it reminded them of Adolf Hitler.
The original logo (on the left in the image above) depicted a piece of blue tape above the classic smile arrow. Amazon introduced it in January to replace the image of a shopping cart.
Some people—presumably leftists, because no one else is as obsessed with Nazis as them—claimed on Twitter that the combination of the smile and the tape looked too much like Hitler’s toothbrush mustache.
Amazon’s new app logo be lookin like they’re the THIRD most downloaded in the “Reich” section. pic.twitter.com/znvvfQ5nst
— Jon Prosser (@jon_prosser) January 26, 2021
lmao I completely missed that amazon quietly tweaked its new icon to make it look… less like hitler pic.twitter.com/Jh8UC8Yg3u
— alex hern (@alexhern) March 1, 2021
It’s not just a ripped scotch tape, it’s a ripped scotch tape that has a similar shape and is right on top of a smiling mouth. Looks like a happy little cardboard Adolf to me
— Willi Kampmann (@willikampmann) March 2, 2021
This is the second time in recent days that leftists have seen Nazi-related imagery where there is none. Over this past weekend Twitter blew up after some claimed that CPAC’s stage setup resembled the Odal rune. Aside from the ridiculousness of the idea that CPAC intentionally shaped it like the Odal rune, the rune is not a Nazi symbol per se. The Scandinavians of late antiquity and the early Middle Ages used runes as letters of their alphabet. The Odal rune only became a symbol after a couple of SS divisions appropriated it as such.
Back in June Big League Politics reported how Facebook cited “Nazi symbolism” as an excuse to justify removing Trump campaign ads that attacked Antifa:
Facebook has censored political advertisements from President Donald Trump, Vice President Mike Pence, and the Trump campaign targeting the ANTIFA domestic terrorist group.
The social media giant is claiming that the ads were guilty of “violating our policy against organized hate.” They claim that the campaign was using symbols from Nazi Germany, which is not quite accurate.
“Our policy prohibits using a banned hate group’s symbol to identify political prisoners without the context that condemns or discusses the symbol,” a spokesperson from Facebook wrote.
However, the Trump campaign pointed out in response to the censorship that the inverted red triangle symbol is “widely used by antifa.” A fact check confirms that the Trump campaign is telling the truth about the symbol’s use.
Leftists like to condemn conservatives who dabble in “conspiracy theories” yet at the same time claim to see Nazis and Nazism everywhere they look. Very deluded behavior.
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