When the Wall Street Journal hails a 5-4 decision written by Justice Scalia and joined by his conservative colleagues as a “Classy Act,” there is almost no need to read the decision and its devastating effect on the rights of consumers. Although the Court’s decision in Comcast v. Behrend involves some of the technical elements that a plaintiff must demonstrate in a class action, the decision is most notable for putting to rest the lie of the conservative majority that they are “strict constructionists.” Rather than confine their judgment to the facts of the case, the statutory provisions at issue and the precedents before them, this Court simply changed the question it decided to answer, and then constructed facts to answer a question it had not even agreed to hear. The decision is not a legal decision. It is a political one. The Supreme Court, with a slim majority of activist judges dedicated to representing corporate interests, is legislating from the bench. It is legislating the end of class actions. It is legislating immunity for corporations. It is legislating the death of consumer rights and consumer protections.