Over at his arbitration blog, Imre Szalai (Loyola-New Orleans) looks at Judge Gorsuch’s arbitration jurisprudence and suggests there’s some hope for those who find the Supreme Court’s FAA jurisprudence lacking. His conclusion:
If Gorsuch is willing to apply such a piercing, textual analysis to the FAA (and convince his new colleagues to do so), the edifice of the Court’s own creation (Justice O’Connor’s description of the FAA) will quickly come crashing down. Cases like Southland, the Mitsubishi trilogy, Circuit City, Preston, and many others should fall. I don’t know if Gorsuch will try to rock the boat on arbitration law, but I’ve got my fingers crossed.
The post (here) is an interesting read. Thanks Imre.