Circuit City Stores, Inc. v. Adams — Stevens, J., dissenting

Summary

Justice Stevens, joined by Justices Ginsburg and Breyer (and Justice Souter as to Parts II and III), dissents from the majority's interpretation of the Federal Arbitration Act. Stevens argues that legislative history and original congressional intent exclude all employment contracts from the Act’s enforcement, not just those of transportation workers. He contends that the majority disregards Congress’s response to labor concerns and relies too heavily on recent Court of Appeals opinions rather than historical context or precedent like Lincoln Mills. Justice Souter, also dissenting, argues that the § 1 exemption for workers engaged in commerce should be read broadly to cover all employment contracts within the Commerce Clause power.