Rent-A-Center v. Jackson

Holding: If after parties agree to arbitrate a dispute rather than take it to court, one side challenges the arbitration provision itself, then a court must decide the challenge. However, if the enforceability of the agreement as a whole is challenged, the challenge must be decided by an arbitrator.

Judgment: Reversed, 5-4, in an opinion by Justice Antonin Scalia on June 21, 2010. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

SCOTUSblog Coverage

• New rule for deciding validity of agreements to arbitrate arbitration (Kevin Russell)
• Arbitrating arbitration: who reviews the enforceability of an agreement to arbitrate? (Anna Christensen)
• Determining the fairness of forced arbitration provisions (Anna Christensen)

Briefs and Documents

Merits Briefs

• Brief of Petitioner Rent-A-Center, West, Inc.
• Brief for Respondent Antonio Jackson
• Reply Brief of Petitioner Rent-A-Center, West, Inc.

[edit] Amicus Briefs

• Brief for the Equal Employment Advisory Council in Support of Petitioner
• Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
• Brief for American Federation of Labor and Congress of Industrial Organizations in Support of Respondent
• Brief for Professional Arbitrators and Arbitration Scholars in Support of Respondent
• Brief for Lawyers’ Committee for Civil Rights Under Law, Alliance for Justice, Asian American Justice Center, Constitutional Accountability Center, National Partnership for Women & Families, and National Women's Law Center in Support of Respondent
• Brief for National Association of Consumer Advocates in Support of Respondent
• Brief for National Association for Justice and AARP in Support of Respondent
• Brief for National Consumer Law Center and Consumer Action in Support of Respondent
• Brief for Service Employees International Union, Legal Aid Society – Employment Law Center, National Employment Lawyers Association, National Employment Law Project, Women's Employment Rights Clinic, and The Employee Rights Advocacy Institute for Law & Policy in Support of Respondent

[edit] Certiorari-Stage Briefs

• Opinion below (9^th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of the Pacific Legal Foundation