Supreme Court Reinforces the Primacy of the Federal Arbitration Act, Even Over a “Divine God-Given Right”

Author: Jeremy Gilman (former Partner at Benesch Law)

Kentucky law speaks of the right to jury trial in theological terms.  The Kentucky Constitution provides that “[t]he ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.”  Expounding on that, the Kentucky Supreme Court noted in an opinion that “the drafters of our Constitution deemed the right to a jury trial to be inviolate, a right that cannot be taken away; and, indeed, a right that is sacred, thus denoting that right and that right alone as a divine God-given right.”  And no, that opinion did not issue in 1815; it issued 200 years later.  Continue reading “Supreme Court Reinforces the Primacy of the Federal Arbitration Act, Even Over a “Divine God-Given Right””