Pace Law School was honored today to welcome U.S. Supreme Court Justice Sonia Sotomayor to our campus to spend the day visiting and chatting with faculty, students, alumni and invited guests. See http://newswire.blogs.law.pace.edu/2012/10/25/supreme-court-justice-sonia-sotomayor-to-visit-pace-law-school/.
I for one grabbed the opportunity to ask her privately about her views on the Supreme Court’s arbitration law jurisprudence. While she could not comment on any pending cases or issues that are likely to come before the Court (which eliminates a lot of arbitration law topics!), she did note to me that arbitration lawyers and scholars have to re-direct their attention to the legislature, and stop wasting their time (my words) on the wrong audience (her words). The Court has made it perfectly clear, she said, how it feels about litigation about arbitration, and any real change or deviation from those opinions will occur only at the legislative level. So, for those who seek real change, let’s re-focus on getting federal legislation passed to amend the Federal Arbitration Act!