Roberts sides with Google in subpoena fight stemming from antitrust case

Washington — Chief Justice John Roberts connected Wednesday rejected an effort by South Carolina's parks section to artifact a lawsuit from Google that was issued arsenic portion of a multi-state antitrust suit brought against nan tech giant.

The lawsuit conflict stems from a national suit that respective states revenge against Google alleging violations of national and authorities antitrust laws done its online show advertizing business. As portion of nan find process, Google issued a lawsuit to nan South Carolina Department of Parks, Recreation and Tourism for its proprietary online advertizing file.

The section refused to comply pinch nan lawsuit and sought to quash it, arguing that it is shielded by 11th Amendment immunity from suits brought successful national court. Two different South Carolina agencies complied pinch subpoenas from Google.

A territory tribunal denied nan parks department's effort to invalidate nan subpoena, uncovering that nan state, done its lawyer general, waived immunity erstwhile it voluntarily joined nan national suit against Google.

The U.S. Court of Appeals for nan 4th Circuit upheld nan little tribunal order, agreeing that nan lawyer wide waived immoderate immunity nan Department of Parks, Recreation and Tourism has.

"When nan authorities waived its immunity by voluntarily joining nan suit against Google, it 'nullified' immoderate immunity defense that immoderate of its arms, including SCPRT, could person different asserted," nan unanimous three-judge 4th Circuit sheet wrote successful its decision.

The parks section appealed to nan Supreme Court and, successful summation to asking it to reappraisal nan 4th Circuit's ruling, asked nan justices to region nan bid requiring it to comply pinch nan subpoena.

Lawyers for nan parks section warned that if nan section is forced to respond, it has to either comply pinch Google's lawsuit and forfeit its correct to entreaty because nan rumor whitethorn go moot, aliases beryllium held successful contempt of court.

"The determination beneath improperly intrudes into each state's prerogative to bid its ain authorities and disregards foundational principles of federalism," they wrote.

Google urged nan Supreme Court to cull South Carolina's petition for emergency relief, arguing that halting nan parks department's compliance pinch nan lawsuit would harm nan tech company's interests successful nan underlying antitrust lawsuit.

A proceedings successful that lawsuit is group for March 2025 and 1 group of motions are owed Nov. 18. Lawyers for Google said nan lawsuit it served connected nan Department of Parks, Recreation and Tourism requires nan accumulation of records that are "highly relevant" to its defense, including accusation astir nan agency's usage of Google's show advertizing products and its appraisal of those products.

"The norm SCPRT urges this tribunal to adopt would beryllium a look for manipulation and abuse," Google's lawyers argued. "It would let a authorities to waive its ain immunity by bringing suit against a defendant, while nevertheless insulating authorities agencies from immoderate responsibility to comply pinch nan find nan suspect needs to equine a defense."