Media for Rent-A-Center West, Inc. v. JacksonAudio Transcription for Oral Argument - April 26, 2010 in Rent-A-Center West, Inc. v. Jackson
Audio Transcription for Opinion Announcement - June 21, 2010 in Rent-A-Center West, Inc. v. Jackson
Application of the severability rule does not depend on the substance of the remainder of the contract.
Section 2 operates on the written provision to “settle by arbitration a controversy" that the party seeks to enforce.
Thus unless Jackson challenged the delegation provision specifically, we must treat it as valid under Section 2 and enforce --sending the question of enforceability to the arbitrator.
The district court correctly concluded that Jackson challenged only the validity of the contract as a whole.
His filings before the district court and the Ninth Circuit confirmed this.
He argued that the entire agreement and the arbitration agreement as a whole were unconscionable.
He repeated those arguments in this court.
In addition, for first time in his brief to this Court, he claimed that the delegation provision specifically was unconscionable.
He raised that challenge too late and we will not consider it.
The judgment of the Court of Appeals is reversed.
Justice Stevens has filed a dissenting opinion in which Justices Ginsburg, Breyer and Sotomayor have joined.