Supreme Court of the United States

Rent-A-Center, West, Inc. v. Antonio Jackson — Stevens, J., Dissenting

June 21, 2010177 L. Ed. 2d 403

Summary

Justice Stevens, dissenting, argues that when a party challenges the unconscionability of a standalone arbitration agreement, a court must resolve that challenge before compelling arbitration. He contends the majority wrongly extends Prima Paint severability rules to delegation clauses within standalone agreements, ignoring the First Options requirement for clear and unmistakable intent to delegate arbitrability questions.