At&t Mobility LLC v. Vincent Concepcion — Breyer, J., Dissenting

Summary

Justice Breyer, dissenting, argues that the Federal Arbitration Act does not preempt California's Discover Bank rule, which renders class-action waivers in consumer contracts unconscionable. He contends the rule fits within the FAA's saving clause because it applies to all contracts equally. Justice Thomas, concurring, disagrees with the majority's standard but joins the opinion to maintain precedent.