Supreme Court Update

The Supreme Court issued one opinion today.

AT&T Mobility LLC v. Concepcion
In a 5-4 opinion written by Justice Scalia, the Court held that California’s Discover Bank rule is preempted by the Federal Arbitration Act because it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” Hines v. Davidowitz, 312 U.S. 52, 67 (1941).  The opinion of the Court was joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito.  Justice Thomas filed a concurring opinion.  Justice Breyer filed a dissenting opinion, joined by Justices Ginsburg, Sotomayor, and Kagan.