At&t Mobility LLC v. Concepcion — Thomas, J., Concurring

Summary

Justice Thomas concurring, argues that Section 2 of the Federal Arbitration Act limits state-law defenses to those challenging contract formation, such as fraud or duress, and thus preempts California's Discover Bank rule because it concerns general unconscionability rather than formation defects. He reluctantly joins the majority's decision to reverse the Court of Appeals. Justice Breyer, dissenting, would have found the Discover Bank rule consistent with the FAA's purpose and language.