The Courts

For the first time in decades, the Department of Justice filed suit against an airline merger—and won. William McGee argues that the next fight is correcting false assertions concerning JetBlue and Spirit for the sake of future potential mergers, such as one between Alaskan and Hawaiian Airlines.

In new research, Elise Blasingame, Christina Boyd, Roberto Carlos, and Joseph Ornstein explore how the Trump administration used a quota policy for immigration judges working under the Department of Justice's purview to influence how they adjudicated cases. The authors find the policy successfully nudged more judges to rule against immigrant plaintiffs.

A federal judge recently blocked the proposed merger of JetBlue and Spirit airlines on antitrust grounds, reversing antitrust enforcers’ recent history of waving through airline industry consolidation. However, while this decision affirms that mergers designed to reduce competition and raise prices violate antitrust law, it comes too late to undo the damage from 15 years of lax enforcement that allowed radical consolidation in the airline industry.

Eleanor Fox evaluates "The Political Economy of the Decline of Antitrust Enforcement in the United States" by Professors Lancieri, Posner, and Zingales, praising its revelations on the depth of corporate capture while challenging its narrative of judicial and regulatory dissembling on promises to uphold antitrust.

In new research, Alma Cohen finds that the political affiliations of Circuit Court judges influence decisions in a much wider variety of cases than previously thought.