Kuhner writes, “January 21, 2010, stands as the day that the Roberts Court solidified its commitment to defining democracy on the basis of a controversial form of economic theory.” And, “Two things stand out in the majority opinion: first, it espouses a dogmatic free market form of economic theory; and second, it is printed on the pages of a judicial opinion that authoritatively defines the terms of the First Amendment. This combination of capitalist ideology and case law makes up what I call neoliberal jurisprudence, the use of neoclassical economic theory as judicial reasoning.”

Wendy Brown, Undoing the Demos, loc. 637