In Home Depot USA v. Jackson, argued as we speak at the Supreme Court, the justices are considering whether certain class action claims can be moved from state to federal court.

This position is held by Home Depot and other companies supported by amici that include the U.S. Chamber of Commerce and the Retail Litigation Center. One of the RLC’s members is Lowe’s, a company whose shares Justice Breyer owns – up to $250,000 worth (p. 7)!

If Lowe’s were a named litigant, Breyer would have to recuse from the case. But since it’s just an amicus, Breyer can sit on the case, even though it’s possible, even likely, that a vote for Home Depot would positively impact his Lowe’s shares.

There’s something seriously wrong about this.

Breyer should either sell his shares in individual companies, or there should be more transparent rules about who’s funding amicus briefs.

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