The Supreme Court issued its opinion in the case of Transunion LLC v. Ramirez in June 2021. Justice Brett Kavanaugh authored the majority opinion, and Justice Clarence Thomas authored the dissenting opinion.

At one point in the decision, Justice Kavanaugh writes the following: "Consider an example. Suppose that a woman drives home from work a quarter mile ahead of a reckless driver who is dangerously swerving across lanes. The reckless driver has exposed the woman to a risk of future harm, but the risk does not materialize and the woman makes it home safely. As counsel for TransUnion stated, that would ordinarily be cause for celebration, not a lawsuit. . . . But if the reckless driver crashes into the woman's car, the situation would be different, and (assuming [the woman has a legal claim]) the woman could sue the driver for damages." What point is Justice Kavanaugh trying to make by using this example?