Every other industry has to internalize the costs of misconduct. Why is it that the tech industry gets a pass? A little bit unclear.
Elena Kagan: “Every other industry has to internalize the costs of misconduct. Why is it that the tech industry gets a pass? A little…”
Editor's note · Context
Justice Kagan questioned the tech industry's lack of accountability for misconduct.
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When political figures of any stripe are trying to intimidate judges and justices to do things that they like, rather than the things that they don’t, that’s where we really have crossed the line.
I will say that that’s an extremely difficult question for a pretty obvious reason, I think, which is that I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.
If the idea is to reassure the markets, a simpler — and more judicial — approach would have been to deny the President’s application for a stay.
Honestly, the vibes in the courtroom were the vibes in the courtroom on any other day.