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"Law says X. New condition Y shows up. The law does not magically become X' where X' accommodates for Y." But that's exactly what the majority decision here is
by s73v3r_ 8y ago
"Law says X. New condition Y shows up. The law does not magically become X' where X' accommodates for Y."
But that's exactly what the majority decision here is saying! "Since class actions didn't exist back when the NLRA was enacted, we need to accommodate the NLRA for class actions" The court literally made up what they felt should happen!
- notyourday 8y agoFAA predates NLRA and NLRA did not define that it gets to override FAA.