An Uncontroversial Start – The Supreme Court Strikes Down an Exception to the Federal Arbitration Act

Controversy apparently has not followed Justice Brett Kavanaugh to the U.S. Supreme Court. On Jan. 8, the Supreme Court issued its first opinion authored by the court’s newest justice, which resulted in a 9-0 decision involving the Federal Arbitration Act. The case resolved a split among federal courts of appeal on whether a “wholly groundless” exception to the arbitration act exists, allowing lower courts to decide whether a dispute is subject to arbitration or not. The Supreme Court held no such exemption exists.