A thread on a Justice Barrett and a new Lochner era — in which the Supreme Court becomes an even more aggressive opponent of corporate regulation and oversight...

In her confirmation hearing, Barrett called climate science “controversial,” a view that few scientists share.

She also declined to say whether Medicare was constitutional. She apparently views it as an open legal question and thus would not comment on it.

Much of the discussion about Barrett’s has focused on social issues, like abortion, guns and same-sex marriage. Those are not the issues that animate many activists and wealthy campaign donors who have spent decades pushing for a conservative overhaul of the courts.

To these activists, the overriding goal is reducing corporate regulations and taxes. As Charles Koch said in one speech, he wants to stop “confiscatory taxation,” “safety and health regulations,” “so-called equal opportunity requirements” and more.

Barrett’s answers suggest she may make the court even friendlier to big companies than it recently has been. She would be the sixth Republican-appointed justice, which means one of them could defect and the court could still rule against regulation or taxation.

A 2007 decision, in which Anthony Kennedy joined the liberal justices in allowing the government to regulate carbon emissions, may be in jeopardy. So is Obamacare, which John Roberts joined the liberals to uphold.

If Barrett views both Medicare and climate science as questionable, it’s easy to imagine her rejecting many longstanding laws and regulations.

And she will be joining the court when many Democrats, including Joe Biden, believe the federal government should do more to lift middle-class living standards and fight climate change.

So get ready for a big, long fight over the American economy, with the Supreme Court at the center of it all.

(This comes from today’s Morning newsletter: https://www.nytimes.com/2020/10/19/briefing/amy-coney-barrett-voting-world-series-your-monday-briefing.html?referringSource=articleShare

End thread.)