Green Tree Financial Corp., Nka Conseco Finance Corp. v. Bazzle, in a Representative Cap — Rehnquist, J…

Summary

Chief Justice Rehnquist dissents, arguing that class arbitration cannot be imposed where contracts are silent, as courts not arbitrators decide arbitrability and state law interpretation conflicts with the Federal Arbitration Act. The plurality opinion vacates the judgment and remands to the arbitrator. Justice Thomas would leave the state court judgment undisturbed since the FAA does not apply to state courts. Justice Stevens would affirm, reasoning the Federal Arbitration Act does not preclude the state court’s interpretation of the arbitration agreement.