Over the next decade, the Supreme Court will likely be asked to weigh in on issues that shape the future of the tech industry, including government surveillance, U.S. privacy laws, intellectual property rights, antitrust and content moderation. Its decisions could determine how far the government is allowed to reach into companies like Facebook and Google and what the constitution says about digital rights.
If President Trump successfully nominates Amy Coney Barrett to the high court, he would be locking in a bulletproof conservative majority of five justices to make those decisions, ushering in the most dramatic ideological tilt to the court in the past 50 years.
Upon first glance, it would seem like Barrett’s arrival would bode well for all businesses, tech or otherwise. A conservative-leaning Supreme Court would be likelier to eschew aggressive regulatory efforts and side with tech companies on issues like taxes.
“I expect this pick to be very focused on so-called ‘corporate rights,'” said Gigi Sohn, a former FCC counselor in the Obama administration.
But many of the topics at the heart of tech policy — including privacy, antitrust, Section 230 and intellectual property — do not map easily along partisan lines, and experts said tech companies should brace for some decisions that they won’t like.
More at Protocol.