, Columnist
Supreme Court Blocks Congress on the Right to Sue
Liberals join Clarence Thomas in the dissent, but for different reasons.
Yes, Clarence Thomas and Stephen Breyer agreed on something.
Photographer: Andrew Harrer/Bloomberg
In a 5-4 decision with important implications for class actions and for Congress’s ability to authorize lawsuits of all kinds, the Supreme Court has rejected the idea that violation of a statute can ever be enough grounds for a lawsuit unless it comes with a more concrete “injury in fact” to potential plaintiffs.
Corporate defendants and the corporate bar will rejoice over the outcome, even as the plaintiffs’ bar and progressives will decry it. Somewhat remarkably, Justice Clarence Thomas joined the court’s three liberals in dissent.