Northport Health Services of Arkansas, LLC v. Department of Health and Human Services

(1) Whether the Federal Arbitration Act is indifferent to rules that penalize parties for using arbitration agreements but leave enforceable any theoretical agreements parties enter into despite those penalties; and (2) whether the Department of Health and Human Services may promulgate a rule that concededly singles out arbitration agreements for disfavored treatment even though Congress has nowhere expressly empowered HHS to override the FAA or its federal policy favoring arbitration.