In the subpoena battle originating from an antitrust lawsuit, Roberts aligns with Google against the South Carolina Parks Department.

Chief Justice John Roberts has dismissed a move by South Carolina’s Parks Department to halt a subpoena from Google. The subpoena was issued as part of an extensive antitrust lawsuit against the tech behemoth, initiated by several states.

The conflict over the subpoena originates from a federal lawsuit in which Google was accused by several states of violating federal and state antitrust laws through its online advertising division. As part of the evidence-gathering process, Google requested the South Carolina Department of Parks, Recreation and Tourism to hand over its proprietary online advertising documents.

The department refused to cooperate with the subpoena, attempting to nullify it on the grounds of being protected by 11th Amendment immunity from lawsuits filed in federal court. However, two other South Carolina agencies complied with Google’s subpoenas.

The attempt by the parks department to annul the subpoena was rejected by a district court, stating that the state had forfeited its immunity when it voluntarily joined the federal lawsuit against Google.

The U.S. Court of Appeals for the 4th Circuit upheld the lower court’s decision, agreeing that the attorney general had waived any immunity that the Department of Parks, Recreation and Tourism might have had.

The parks department took the matter to the Supreme Court. As well as asking for a revision of the 4th Circuit’s decision, they requested the justices to suspend the order enforcing them to comply with the subpoena.

Legal representatives for the department cautioned that should they be compelled to respond, they would either have to comply and give up their right to appeal, as the matter may become irrelevant, or be held in contempt of court.

Google, on the other hand, urged the Supreme Court to deny South Carolina’s plea for emergency relief. It argued that stalling the parks department’s compliance with the subpoena would impede the tech company’s interests in the ongoing antitrust lawsuit.

The trial in question is scheduled for March 2025, with one set of motions due on November 18. Google’s lawyers highlighted the importance of the subpoenaed documents, including data about the agency’s use of Google’s advertising products and its evaluation of these products, for mounting a defense.

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