Hacker News new | ask | show | jobs
by TheCoelacanth 2957 days ago
> Liberal states have the political will, the systems, and (if we're being frank) the majority of businesses that would be affected by Federal law anyway. They just need to have the will to compromise and pass their desired law at the state level until such a time that there's Federal consensus for that law.

That's a nice theory, but no. Federal law preempts state law in this scenario[1] so states are completely unable to do anything to reign in arbitration.

[1] https://www.drinkerbiddle.com/insights/publications/2017/05/...

1 comments

Which, effectively, means that state goverments cannot pass any kind of meaningful consumer protection law or worker protection law, because of how fundamentally structurally biased towards the bigger side forced arbitration is. It's doubtful that Congress ever intended to preempt state laws in this way or that the FAA would've made it through Congress if it attempted to do so; this was entirely the creation of the Supreme Court, with none of that pesky horsetrading and strong consensus that would be required to pass an actual law.