Cyrus Dugger

CL&P Blog: Arbitration and Judicial Abandonement

Justice Kennedy: Are Judges Abandoning the Bench?

by Paul Bland

Kennedy In a series of decisions dating back many years, Justice Kennedy has proven to be a most reliable vote for those who wish to expand the use of mandatory arbitration in nearly every context in which the question has arisen. In Circuit City v. Adams, 532 U.S. 105 (2001), for example, he just declared as a self-evident truth that mandatory arbitration is cheaper than litigation in court. Id. at 132 ("Arbitration agreements allow parties to avoid the costs of litigation. . . ."). The Justice did not cite to anything for this proposition, and no wonder, as indeed it is simply untrue in many circumstances. Because arbitrators charge by the hour – unlike judges, whose salaries are paid by the taxpayers and the government – many consumers and employees have been hit with huge bills in order to pursue their claims in arbitration. Justice Kennedy has also spoken favorably about how mandatory arbitration can reduce the "burden to the courts" of litigating employment discrimination cases. (Many civil rights lawyers have expressed frustration to me that the Justice views their lives’ work as a "burden.") (keep reading)

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Posted at 11:22 AM, Feb 21, 2007 in
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These are horrible people. The fewer, the better.

Posted by: Supremacy Claus | February 21, 2007 10:59 PM