Professor Imre Szalai was quoted in a March 20 Time Magazine article titled What Trump’s Supreme Court Pick Could Mean for Your Consumer Rights. The piece centers around Judge Neil Gorsuch’s positions on “chevron deference” and consumer arbitration.
In general, conservative judges, who tend to both favor small-government solutions and sympathize with business, have a reputation of promoting arbitration. Gorsuch's originalist legal approach means he may be an exception, however -- at least according to one arbitration expert.
The 1925 Federal Arbitration Act, which serves as the cornerstone for most current arbitration law, is much narrower in scope than judges have subsequently found, according to Imre Szalai, a law professor at Loyola University in New Orleans. That, he says, raises the prospect that Gorsuch could advocate rolling back some recent arbitration rulings that are regarded as helping business.
"Supreme Court case law has extended the statute far beyond its original content," Szalai explains.