Editor's Note :

Editor's Note :

We expect orders from the February 23 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
On Monday the court hears oral argument in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Amy Howe has our preview.
On Monday the court also hears oral argument in Ohio v. American Express Co. Beth Farmer has our preview.

Rent-A-Center v. Jackson

Docket No. Op. Below Argument Opinion Vote Author Term
09-497 9th Cir. Apr 26, 2010
Tr.
Jun 21, 2010 5-4 Scalia OT 2009

Holding: If after parties agree to arbitrate a dispute rather than take it to court, one side challenges the arbitration provision itself, then a court must decide the challenge. However, if the enforceability of the agreement as a whole is challenged, the challenge must be decided by an arbitrator.

Judgment: Reversed, 5-4, in an opinion by Justice Antonin Scalia on June 21, 2010. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

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