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At this point I believe the only solution is a constitutional amendment, not a mere legislation, given that pro-arbitration laws/cases have been ruled as consti
by FMecha 2y ago
At this point I believe the only solution is a constitutional amendment, not a mere legislation, given that pro-arbitration laws/cases have been ruled as constitutional.
- xp84 2y agoNot a lawyer, but I don’t think that’s true. There isn’t anything in the Constitution about arbitration. Congress passed an arbitration law and nothing in it prevents all this. When cases go to court, the constitution is the only thing that could override the law, but if the law gets better, more specific, adds more protections, SCOTUS must respect that, again unless the Constitution somehow applied. A lot of SCOTUS opinions in general seem pretty clear that they wish Congress would act and spell out what they want to happen, because that sure as hell is better than running to the courts to decide everything.