As the fate of the Supreme Court nomination of Brett Kavanaugh appears headed to its denouement, the justices soldier on. With two days of arguments wrapped up, the court’s new term is firmly launched. We take a look this morning at the justices’ insatiable appetite for arbitration in a case involving a trucker and the Federal Arbitration Act’s “exemption 1.” Meanwhile, at a Tuesday oral argument, Chief Justice Roberts displayed his skill in finding narrow common ground in a way that may avoid a 4-4 tie in a difficult capital punishment case. Thanks for following Supreme Court Brief, where comments are welcomed at [email protected] and [email protected].
Parsing an Arbitration Exemption
If anyone doubts that arbitration cases continue to be a hot area of interest for the justices, take a look at this term and the last 30 years. The high court has had a steady diet of arbitration challenges with a majority of justices exhibiting a pro-arbitration bent.
