U.S. Supreme Court
Posted November 26, 2018, 1:50 pm CST
Justice Ruth Bader Ginsburg was back at the Supreme Court for oral arguments on Monday after breaking three ribs in a fall in her office on Nov. 7
Ginsburg, 85, heard arguments in an antitrust case that contends Apple is monopolizing the app market, ABC News reports.
There was “no discernible difference in questioning style” by Ginsburg, according to a tweet by Robert Barnes, the Supreme Court reporter for the Washington Post. “Justice Thomas perhaps a bit more solicitous in making sure she departed without event,” Barnes tweeted.
At issue in Apple v. Pepper is whether people who buy iPhone apps can sue Apple over 30 percent commissions charged to app developers on exclusive sales through its App Store. A federal court had ruled that consumers can’t sue because they weren’t directly overcharged, but the San Francisco-based 9th U.S. Circuit Court of Appeals reversed.
The Supreme Court appeared ready to allow the lawsuit, according to NBC News, the Associated Press and Bloomberg News.
Chief Justice John G. Roberts Jr. was the only justice who appeared to clearly agree with Apple that consumers couldn’t sue, according to AP and Bloomberg.
Justice Brett Kavanaugh said that perhaps consumers should be able to sue if they were paying more than they should. He pointed to the federal antitrust statute that says “any person injured” can sue.
Justice RBG on the bench as oral arguments resume, broken ribs and all. No discernible difference in questioning style. Justice Thomas perhaps a bit more solicitous in making sure she departed without event
— Robert Barnes (@scotusreporter) November 26, 2018
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