Kavanaugh Issues First Opinion As Supreme Court Justice


The Supreme Court’s newest justice Brett Kavanaugh issued his first opinion on Tuesday in a unanimous ruling which could help companies keeps disputes in third-party arbitration.

The dispute stems from a lawsuit Archer & White Sales Inc., a medical equipment distributor, brought against its business competitor Henry Schein Inc. alleging Schein violated federal and state antitrust laws.

The justices held that courts must enforce contracts which force parties to settle disputes privately through third-party arbitration according to their terms under the Federal Arbitration Act even if one party claims that the argument for arbitration is “wholly groundless.”

“When the parties’ contract delegates the arbitrability circumstances, a court possesses no power to decide the arbitrability issue,” Kavanaugh wrote.

Read more at The Hill.



  1. This is a very bad decision for consumers and workers who are give up their legal rights in favor of expensive and biased arbitrators

    • how is that a bad decision. no matter which side you are on it was a unanimous decision meaning no disputes on how the law should be interpreted.

  2. The actual decision is on the web. It states that Kavanaugh wrote the decision on behalf of a unanimous court. The basis of the decision was that it followed existing Supreme Court precedence in ruling on the case. In short, the Arbitration law states such-and-such and what it says is what it means. A court can only come into play for injunctive relief but not for money damages until the matter is first decided by the arbitrator. The court can be addressed after the arbitration is complete.

    The court is correct. It is not their place to make new laws. If you don’t like a law, write your Congressman and Senator. So Republicans are seen (rightly or wrongly) as “employers” who like this law. But if the Democrats really cared about employees they would spend their time doing something about this instead of wasting the opportunity by spending 24-7 of their time trashing Trump. Don’t blame the court when legislators don’t do their job. And maybe – one might speculate – the Democrats don’t bring up this topic is exactly because the left-wing Democrat supporters are some of the largest companies (Silicon valley et al and including the heavy anti-Trump Vox News) that use this loophole to entrap employees with the employment contracts that block them from the courts.


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