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

Summary

Justice Thomas concurred to explain his textual reading that the Federal Arbitration Act permits contract defenses only when they relate to the formation of the arbitration agreement, such as fraud or duress, rather than public policy defenses. He would reverse the Court of Appeals because the Discover Bank rule does not concern agreement formation. Although he reluctantly joins the Court's opinion, he maintains his views on purpose-and-objectives pre-emption.