The Supreme Court was left essentially divided along political lines after the tragic passing of the late Justice Antonin Scalia on February 13, 2016. A Hillary Clinton victory in the 2016 presidential election could have swung the Court to a liberal majority, assuming that her nominee(s) would have been approved by a Republican-controlled Senate. Now, with a Donald Trump presidential victory and Republican control of the Senate, America will see at least one, and possibly multiple, conservative justices appointed to the Supreme Court over the next four to eight years, establishing a right-leaning Court. Should these justices stay consistent with their conservative colleagues and predecessors, and follow the Court’s recent arbitration precedent, they are likely to continue the Court’s current interpretation of the Federal Arbitration Act (“FAA”) establishing a “[strong] federal policy favoring arbitration.”
Eric Schleich, TRUMPING THE NINTH CIRCUIT: HOW THE 45TH PRESIDENT’S SUPREME COURT APPOINTMENTS WILL STRENGTHEN THE ALREADY STRONG FEDERAL POLICY FAVORING ARBITRATION, 9 Arb. L. Rev. 383 (2017).