lone dissent

Justice Thomas wrote the term’s second lone dissent: a terse 1-page statement where he reiterates his apparently long-held view that the FAA (Federal Arbitration Act) “does not apply to proceedings in state courts.”

Justice Ginsburg is October Term 2007’s first lone dissenter. Her dissent was 14 pages, compared to the Court’s 20-page opinion and Justice Stevens’ 3-page concurrence. Stevens’ was clearly sympathetic to Ginsburg’s “persuasive explanation” that Congress had intended to provide more more, not less, protections to consumers, but ultimately he was compelled by Medtronic v. Lohr and Cipollone v. Liggett Group to conclude that federal requirements can preempt certain causes-of-action.