>the USA's supreme court

OK, but right now we are talking about a decision by a US federal appeals court.

    The US court of appeals for the eighth circuit

Silly me

Courts in general, perhaps?

Part of the US Federal Court. The Supreme Court, which is another part of the US Federal Court, might eventually overrule today's decision.

>“While we certainly do not endorse the use of unfair and deceptive practices in negative option marketing, the procedural deficiencies of the Commission’s rulemaking process are fatal here,”

Sounds like they have no issue with the rule itself, only with the fact that it was passed by bureaucratic fiat.

not all people of course, just say 99%... the bottom 99%

There are two types of people:

Those who think the Supreme court should rule based on the effect on people.

And those who think the Supreme court should rule based on the laws as written.

Textualists are like objectivists and rationalists in that they think calling themselves such names makes them true, when it's just window dressing for "I think my opinions are Fact™ and you're dumb if you think otherwise"

I have seen no evidence that the second kind of people exist. Only different groups for the first kind (here, real people vs corporate people).