The first Supreme Court argument of the new term suggested the justices are divided over the power of employers to block class-action lawsuits by workers and channel disputes into arbitration.
In a case that could affect the rights of as many as 25 million employees, Justice Anthony Kennedy, often the court’s swing vote, suggested Monday through his questions that he would side with employers. But the newest justice, Neil Gorsuch, said nothing during the hour-long session, leaving the outcome of the case unclear.
At issue is whether employers can enforce promises they extract from workers to pursue grievances as individual arbitration cases, rather than as group lawsuits in court.
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