A few thoughts:
The Epic Systems outcome was a given, and it was the right one based on both the statutory text and lengthy precedent from several cases re the FAA
The media summaries are near-uniformly LOLbad terrible
It's not a landmark holding
1/https://twitter.com/csilverandgold/status/998804460964114434 …
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This is a problem of Congress's own making. The FAA was first enacted back in the 1920s (when arbitration's were cheaper / faster / more useful than today) but hasn't been substantively amended since, and other statutes haven't expressly preempted it
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@csilverandgold1 reply 0 retweets 5 likesShow this thread -
T. Greg Doucette Retweeted T. Greg Doucette
(That's an issue I've complained about before) 3/
@csilverandgoldhttps://twitter.com/greg_doucette/status/986303478657101824 …T. Greg Doucette added,
T. Greg DoucetteVerified account @greg_doucetteWe as a society have developed a very bizarre / annoying habit of letting legislators off the hook with legislating. They adopt bullsh*t and we expect executive agencies and the judiciary to decipher it. Not how separation-of-powers should work IMO@TraylorAlanShow this thread1 reply 0 retweets 4 likesShow this thread -
It seems to me that state-level laws preempting employers from using arbitration would run afoul of Congress's Dormant Commerce Clause powers
I'd be fine with Congress doing almost anything curtailing arbitrations b/c they're largely pointless now
4/4
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Awesome. Thanks for the reply!
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