as the correct reading or interpretation of
language contained in the Federal Arbitration Act, and it came down to
parsing the connotations of just a very few words. As the opinions were
set out by the Justices, Justice Kennedy delivered the opinion of the
Court, in which he was joined by Rehnquist, O'Connor, Scalia and Thomas.
The dissenting opinion was filed by Justice Stevens, with Ginsburg and
Breyer, with Souter filing an additional dissenting opinion differing in
parts from the filed by Justice Stevens.
The legal issues in the case, those regarding employment
discrimination, were not a part of the Supreme Court arguments. Rather,
the entire argument concerned the legal reading of a few phrases, in
particular the meaning in the FAA of "contracts of employment of seamen,
railroad employees, or another class of workers engaged in foreign or
interstate commerce." A great part of the deliberations of the justices
revolved around whether there was a difference in the phrase "engaged in"
as opposed to a phrase not used in the FAA, "involved in."
The respondent's legal representation argued that the Court did not,
in fact, need to address the meaning of the exclusion provisi
...