The story of the U.S. Supreme Court’s 2010–11 term can be gleaned from the decisions on its last day: high hurdles for injured persons seeking to hold companies accountable, vigorous protection for speech of most types, and the quick emergence of a freshman justice with analytical and writing chops.

Who would have imagined that the headline grabber five years after the Roberts Court’s most divisive term—the one that began in 2006, which involved major race, abortion, and religion challenges—would be a case involving the federal rules for class action certification? Wal-Mart v. Dukes , of course, was not just any class action, but the largest discrimination class action in history, and therein lay the seeds of its ultimate rejection.

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