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Alternative Dispute Resolution,
Civil Litigation,
U.S. Supreme Court

Jan. 30, 2019

Statutory originalism has firmly arrived

Two recent Supreme Court rulings on arbitration speak with one voice to announce a clear shift in the way the high court is going to interpret federal law in the future.

Steven B. Katz

Partner
Constangy, Brooks, Smith & Prophete LLP

1800 Century Park E Fl 6
Los Angeles , CA 90067

Phone: (310) 597-4553

Email: skatz@constangy.com

USC Law School

Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.

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Statutory originalism has firmly arrived
The U.S. Supreme Court issued two arbitration opinions this month -- one by Justice Kavanaugh and the other by Justice Gorsuch, the high court's two newest members -- which signal that "statutory originalism" has firmly arrived.

OT18

The U.S. Supreme Court has made two important arbitration rulings this month, handing down a split decision in terms of arbitration politics: one win for proponents of arbitration, one win for opponents. I don't see these decisions as "split" in any meaningful sense. They speak with one voice to announce a clear shift in the way the high court is going to interpret federal law in the future: "Statutory originalism...

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