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.