Rodriguez De Quijas v. Shearson/Am. Express, Inc., 490 U.S. 477 (1989). · Go Syfert
Rodriguez De Quijas v. Shearson/Am. Express, Inc., 490 U.S. 477 (1989). Cases Citing This Book View Copy Cite
Quick Summary

Claims arising under the Securities Act of 1933 are arbitrable pursuant to enforceable predispute arbitration agreements.

Petitioners sued a broker alleging fraudulent transactions and claimed violations of the Securities Act of 1933. The broker relied on a customer agreement containing a predispute arbitration clause. The central question is whether such an agreement is unenforceable under Section 14 of the Securities Act. Although a prior precedent held that such agreements were void, the Court finds that the decision was based on an outmoded judicial hostility toward arbitration. Because the Arbitration Act strongly favors enforceable agreements and recent decisions have applied similar logic to other federal statutes, the Court overrules the prior precedent and holds that predispute arbitration agreements are enforceable under the Securities Act.

5,601 citation events (3,644 in the last 25 years) across 208 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
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Cited for
At page 484 Overruling precedent for statutory interpretation and uniformity663 citing cases“if a precedent of this court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the court of appeals should follow the case which directly controls, leaving to this court the prerogative of overruling its own decisions.”238 citing courts quote it · also cited as 109 S. Ct. at 1921; 104 L. Ed. 2d at 536 · 287 listed here · 1 cautionary
  • Lomont, Kent A. v. O'Neill, Paul H., 285 F.3d 9 (D.C. Cir. 2002).published Cited "but see" · 3 cites
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • HM Florida-ORL, LLC v. Sec'y of the Florida Dep't of Bus., No. 23-12160 (11th Cir. Aug. 4, 2026).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • United States v. Vongphachanh, No. 40741 (A.F.C.C.A. May 29, 2026).unpublished
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Pub. Interest Legal Found., Inc. v. Nago, 174 F.4th 664 (9th Cir. 2026).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Fitzmorris, No. 1:21-cv-00025 (D.N.H. Apr. 17, 2026).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, [an inferior court] should follow the case which directly controls, leaving to thi…)
  • Boudreaux, No. 6:65-cv-11351 (W.D. La. Apr. 7, 2026).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • U.S. Dep't of Labor v. Americare Healthcare Servs., 171 F.4th 838 (6th Cir. 2026).published
    (If a precedent of [the Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leav…)
  • Arthur C. v. Jonathan Frame, 928 S.E.2d 419 (W. Va. 2026).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • R&L Carriers Shared Servs., LLC v. Utah Labor Comm'n & Jaceson Maughan, No. 2:25-cv-00335 (D. Utah Mar. 25, 2026).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • San Patricio Cnty. Appraisal Dist. v. Gunvor USA LLC, No. 13-24-00590-CV (Jan. 8, 2026).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
Show 277 more citing cases
  • United States v. Cockerham, 162 F.4th 500 (5th Cir. 2025).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • United States v. Hernandez, 159 F.4th 425 (5th Cir. 2025).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Russell v. Dist. of Columbia, No. 2024-1820 (D.D.C. Sept. 24, 2025).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • WBY, Inc. v. City of Chamblee, 155 F.4th 1242 (11th Cir. 2025).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other lines of decisions, the Court of Appeals should follow the case which directly controls, leaving to t…)
  • Tyler v. Sec'y, Dep't of Corr. (Desoto), No. 2:24-cv-00363 (M.D. Fla. Sept. 9, 2025).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Darby Dev. Co. v. United States, No. 22-1929 (Fed. Cir. June 6, 2025).unpublished
    (If a precedent of this Court has direct application in a case, . . . the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.)
  • United States v. Rainford, 110 F.4th 455 (2d Cir. 2024).published
    ([T]he Commission, in practice, generally follows the same process for adopting and amending policy statements and commentary as it uses for the promulgation and amendment of the Guidelines themselves.)
  • United States v. Jackie Davidson, 108 F.4th 706 (8th Cir. 2024).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Consum Rsch. v. Consum Prod Sfty, 98 F.4th 646 (5th Cir. 2024).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • United States v. Crater, 93 F.4th 581 (1st Cir. 2024).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Praetorian Ins. Co. v. Axia Contracting, LLC, No. 1:17-cv-02034 (D. Colo. Feb. 12, 2024).
    (A district court must follow the precedent of this circuit . . . .)
  • Pizza Hut v. Pandya, 79 F.4th 535 (5th Cir. 2023).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Tiger (ID 105962) v. Cline, No. 5:19-cv-03088 (D. Kan. Apr. 14, 2023).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Deborah Laufer v. Naranda Hotels, LLC, 60 F.4th 156 (4th Cir. 2023).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower courts] should follow the case which directly controls, leaving to this…)
  • Quad Graphics, Inc. v. N.C. Dep't of Revenue, 881 S.E.2d 810 (N.C. 2022).published 8 cites
    (If a precedent of [the U.S. Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, [other courts] should follow the case which directly controls, leavi…)
  • State of Texas v. Luis Fernando Zuniga, 656 S.W.3d 925 (Tex. App.—Houston [14th Dist.] 2022).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • United States v. Brown, No. 40066 (f rev) (A.F.C.C.A. Dec. 9, 2022).unpublished
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Discotheque, Inc. v. Augusta-Richmond Cnty., No. 21-13218 (11th Cir. Oct. 5, 2022).unpublished
    ([W]e are not at liberty to disregard binding case law that is so closely on point and has been only weak- ened, rather than directly overruled, by the Supreme Court.)
  • Gallo v. Dist. of Columbia, 610 F. Supp. 3d 73 (D.D.C. 2022).published
    (If a precedent of [the Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower court] should follow the case which directly controls, leaving…)
  • Ekpo v. Playa Mgmt. USA, LLC, No. 1:21-cv-02089 (N.D. Ga. June 7, 2022).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower court] should follow the case which directly controls, leaving to [the…)
  • Deborah Laufer v. Arpan LLC, 29 F.4th 1268 (11th Cir. 2022).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • United States v. Congo, 21 F.4th 29 (1st Cir. 2021).published
    (If a precedent of this Court has direct application in a case . . . the Court of Appeals should follow [it] . . . leaving to this Court the prerogative of overruling its own decisions.)
  • Carol Clendening v. United States, 19 F.4th 421 (4th Cir. 2021).published
    ([T]he Court of Appeals should follow the case which directly controls, leaving to [the Supreme] Court the prerogative of overruling its own decisions.)
  • GEFT Outdoor, L.L.C. v. Monroe Cnty., No. 1:19-cv-01257 (S.D. Ind. Nov. 23, 2021).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Pharm. Care Mgmt. v. Nizar Wehbi, 18 F.4th 956 (8th Cir. 2021).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other -7- line of decisions, the Court of Appeals should follow the case which directly controls, leaving t…)
  • Chavez v. Bridgestone Americas Tire Operations, LLC, 2022-NMSC-006, 503 P.3d 332.published
    (If a precedent of [the United States Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower court] should follow the case which directly con…)
  • Butler v. City Of New York, No. 1:20-cv-04067 (S.D.N.Y. Sept. 8, 2021).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other lines of decisions, the Court of Appeals should follow the case which directly controls, leaving to t…)
  • Alvin Jackson v. Dexter Payne, 9 F.4th 646 (8th Cir. 2021).published
    ([T]he Court of Appeals should follow the case which directly controls, leaving to [the Supreme Court] the prerogative of overruling its own decisions.)
  • GEFT Outdoor, L.L.C. v. Monroe Cnty., No. 1:19-cv-01257 (S.D. Ind. Aug. 10, 2021). 2 cites
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Boudreaux v. LA State Bar Assn, 3 F.4th 748 (5th Cir. 2021).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Gun Owners of Am., Inc. v. Merrick B. Garland, 992 F.3d 446 (6th Cir. 2021).published 2 cites
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • d/b/a Seaport House (Hopkins Hawley LLC) v. Cuomo, 518 F. Supp. 3d 705 (S.D.N.Y. 2021).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Ferreira v. New York City Dep't of Educ., No. 1:20-cv-01737 (E.D.N.Y. Jan. 8, 2021).
    ([A lower court] should follow the case which directly controls, leaving to [reviewing courts] the prerogative of overruling [their] own decisions.)
  • Akins v. LVNV Funding, LLC, No. 1:17-cv-05693 (N.D. Ill. Dec. 10, 2020).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Aganan v. Rodriguez, No. 2:20-cv-05922 (D.N.J. Nov. 23, 2020).unpublished
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Oliver Brown v. State of Mississippi, No. 2019-KA-00182-COA (Miss. Ct. App. Nov. 17, 2020).published
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Colborn v. Forest Good Eats, LLC, No. 5:19-cv-00431 (E.D.N.C. Sept. 21, 2020).
    (If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…)
  • Suarez v. Camden Prop. Trust, No. 5:18-cv-00455 (E.D.N.C. Sept. 8, 2020). 2 cites
    (Ifa precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to thi…)
  • Wong v. Restoration Robotics, 78 Cal. App. 5th 48 (Cal. Ct. App. 2022).published
  • Travis Bomgaars v. State of Iowa, 967 N.W.2d 41 (Iowa 2021).published
  • Cochran v. SEC, 20 F.4th 194 (5th Cir. 2021).published
  • Bretton Westmoreland v. Butler Cnty., 29 F.4th 721 (6th Cir. 2022).published
  • Karyn Gregory v. Safeco Ins. Co. of Am., 514 P.3d 971 (Colo. Ct. App. 2022).published
  • Steven Recht v. Patrick Morrisey, 32 F.4th 398 (4th Cir. 2022).published
  • People v. William Robert Eason, 516 P.3d 546 (Colo. Ct. App. 2022).published
  • United States v. Charles Hillie (AMENDED OPINION), No. 19-3027 (D.C. Cir. June 28, 2022).published
  • United States v. Helaman Hansen, 40 F.4th 1049 (9th Cir. 2022).published
  • People v. Taunia Marie Whiteaker, 519 P.3d 1127 (Colo. Ct. App. 2022).published
  • Loper Bright Enter., Inc v. Gina Raimondo, 45 F.4th 359 (D.C. Cir. 2022).published
  • Altagracia Sanchez v. Off. of the State Superintendent of Educ., 45 F.4th 388 (D.C. Cir. 2022).published
  • In re Killian, 45 F.4th 1373 (Fed. Cir. 2022).published
  • Anthony Marano Co. v. Martin J. Walsh, 51 F.4th 722 (7th Cir. 2022).published
  • United States v. Correia, 55 F.4th 12 (1st Cir. 2022).published
  • 3M Co. & Subsidiaries, No. 5816-13 (T.C. Feb. 9, 2023).published
  • Abdulsalam Ali Al-Hela v. Joseph Biden (REISSUED), No. 19-5079 (D.C. Cir. Apr. 12, 2023).published
  • United States v. Stanley Wintfield Rolle, 65 F.4th 1273 (11th Cir. 2023).published
  • Jaswinder Singh v. Uber Tech. Inc, 67 F.4th 550 (3d Cir. 2023).published
  • United States v. Rico Brown, 67 F.4th 200 (4th Cir. 2023).published
  • Nostalgic Partners, LLC v. Off. of the Comm'r of Baseball, No. 22-2859 (2d Cir. June 20, 2023).unpublished
  • L. W. v. Jonathan Skrmetti, 73 F.4th 408 (6th Cir. 2023).published
  • United States v. Vargas, 74 F.4th 673 (5th Cir. 2023).published
  • United States v. Ahmed Alahmedalabdaloklah, 94 F.4th 782 (9th Cir. 2023).published
  • United States v. Rico Brown, 77 F.4th 301 (4th Cir. 2023).published
  • Phillip Truesdell v. Eric Friedlander, 80 F.4th 762 (6th Cir. 2023).published
  • Seia v. Ferc, No. 20-72788 (9th Cir. Sept. 5, 2023).published
  • United States v. Hasan, No. 21-0193/AR (C.A.A.F. Sept. 6, 2023).published
  • Peguero Vasquez v. Garland, 80 F.4th 422 (2d Cir. 2023).published
  • Assoc of Club Exct v. City of Dallas, 83 F.4th 958 (5th Cir. 2023).published
  • Gallo v. Dist. of Columbia, No. 2021-3298 (D.D.C. Nov. 14, 2023).published
  • Roy Sargeant v. Aracelie Barfield, 87 F.4th 358 (7th Cir. 2023).published
  • State of Ohio v. Xavier Becerra, 87 F.4th 759 (6th Cir. 2023).published
  • United States v. Christopher Esqueda, 88 F.4th 818 (9th Cir. 2023).published
  • Wilson v. Midland Cnty., 89 F.4th 446 (5th Cir. 2023).published
  • Chamber of Com. of the United States v. Brooke Lierman, 90 F.4th 679 (4th Cir. 2024).published
  • State v. Zamanzadeh, No. 1 CA-CR 23-0080, 2024 WL 380014 (Ariz. Ct. App. Feb. 1, 2024).unpublished
  • United States v. Ahmed Alahmedalabdaloklah, No. 18-10435 (9th Cir. Feb. 28, 2024).published
  • Apache Stronghold v. USA, 95 F.4th 608 (9th Cir. 2024).published
  • United States v. Hasan, No. 21-0193/AR (C.A.A.F. Mar. 4, 2024).published
  • Brinkmann v. Town of Southold, 96 F.4th 209 (2d Cir. 2024).published
  • Meta Platforms, Inc. v. Fed. Trade Comm'n, 723 F. Supp. 3d 64 (D.D.C. 2024).published
  • Am. Fed'n of Gov't Employees v. FLRA, 99 F.4th 585 (D.C. Cir. 2024).published
  • Apache Stronghold v. USA, No. 21-15295 (9th Cir. May 14, 2024).published
  • United States v. Anderson, No. 39969, 2022 WL 884314 (A.F.C.C.A. Mar. 25, 2022).unpublished
  • Alton D. Stowers v. State of California Jud. Sys., No. 5:21-cv-02003 (C.D. Cal. Feb. 7, 2022).
  • (PC) Garraway v. Ciufo, No. 1:17-cv-00533 (E.D. Cal. Feb. 1, 2023).
  • BNSF Ry. Co. v. Town of Cicero, No. 1:21-cv-03072 (N.D. Ill. Mar. 21, 2022).
  • Wilkins v. Navy Fed. Credit Union, No. 2:22-cv-02916, 2023 WL 239976 (D.N.J. Jan. 18, 2023).unpublished
  • Mayfield v. State of Ohio, No. 3:21-cv-00286 (S.D. Ohio Apr. 20, 2022).
  • Cangrejeros de Santurce Baseball Club, LLC v. Liga de Beisbol Profesional de Puerto Rico, Inc., No. 3:22-cv-01341 (D.P.R. June 27, 2023).
  • State of Iowa v. Kyra Rose Bauler, 8 N.W.3d 892 (Iowa 2024).published
  • Duane Douglas Croniser, No. 20-00401 (Bankr. E.D.N.C. June 12, 2023).
  • Consumers' Rsch. v. FCC, 109 F.4th 743 (5th Cir. 2024).published
  • Carol Lewis v. Xavier Becerra, 111 F.4th 65 (D.C. Cir. 2024).published
  • Rai Care Centers of Maryland I, LLC v. United States Off. of Pers. Mgmt., No. 2018-3151 (D.D.C. Aug. 7, 2024).published
  • Bank of Ny Mellon v. Quinn, No. 736-10-09 wrcv (Vt. Super. Ct. Aug. 13, 2024).published
  • United States v. Rico Brown, No. 21-4253 (4th Cir. Sept. 3, 2024).published
  • N.R.S.C. v. FEC, No. 24-3051 (6th Cir. Sept. 5, 2024).published
  • United States v. Rahimi, 117 F.4th 331 (5th Cir. 2024).published
  • All. Hippocratic Med. v. FDA, 117 F.4th 336 (5th Cir. 2024).published
  • Lovett v. United States, No. 2023-2879, 2024 WL 4286054 (D.D.C. Sept. 25, 2024).published
  • A.S. v. Elyria City Schs., No. 1:23-cv-01763 (N.D. Ohio Aug. 7, 2024).
  • De Jesus-Flores v. United States, No. 1:22-cv-00161 (S.D. Tex. Apr. 14, 2023).
  • United States v. Corrigan Clay, 128 F.4th 163 (3d Cir. 2025).published
  • In re Two Grand Jury Subpoenas Dated September 13, 2023, 128 F.4th 127 (2d Cir. 2025).published
  • City of Martinsville v. Express Scripts, Inc., 128 F.4th 265 (4th Cir. 2025).published
  • Wilcox v. Trump, 775 F. Supp. 3d 215 (D.D.C. 2025).published
  • United States v. Jamond Rush, 130 F.4th 633 (7th Cir. 2025).published
  • Karu Gene White v. Laura Plappert, 131 F.4th 465 (6th Cir. 2025).published
  • Santo Castro-Mercedes v. U.S. Attorney Gen., No. 23-12731 (11th Cir. Mar. 17, 2025).unpublished
  • United States v. David Robinson, Jr., No. 23-12551 (11th Cir. Mar. 20, 2025).unpublished
  • State of Arizona v. Giovani Fuster Melendez, 565 P.3d 1034 (Ariz. 2025).published
  • Cathy Harris v. Scott Bessent, No. 25-5037 (D.C. Cir. Mar. 28, 2025).published
  • Vets. Guardian VA Claim Consulting LLC v. Matthew J. Platkin, 133 F.4th 213 (3d Cir. 2025).published
  • Gwynne Wilcox v. Donald Trump, No. 25-5057 (D.C. Cir. Apr. 7, 2025).published
  • Ball v. New York State Dept. of Health, 2025 NY Slip Op 25090 (N.Y. Sup. Ct., Schoharie Cty. 2025).published
  • United States v. Rico Brown, 136 F.4th 87 (4th Cir. 2025).published
  • United States v. Matthew Borges, No. 23-3566 (6th Cir. May 6, 2025).published
  • Trump v. Wilcox, 145 S. Ct. 1415 (2025).
  • People of the State of California v. Express Scripts, Inc., 139 F.4th 763 (9th Cir. 2025).published
  • Kekai Watanabe v. Estela Derr, 139 F.4th 1056 (9th Cir. 2025).published
  • Williams v. Bureau of Prisons, No. 1:23-cv-00509 (D.N.H. June 12, 2025).
  • Newsom v. Trump, 141 F.4th 1032 (9th Cir. 2025).published
  • Roake v. Brumley, 141 F.4th 614 (5th Cir. 2025).published
  • Louisiana Delta Serv. Corps v. Corp. for Nat'l & Cmty. Serv., No. 3:25-cv-00378 (M.D. La. June 27, 2025).
  • United States v. State of Texas, 144 F.4th 632 (5th Cir. 2025).published
  • Nathaniel Roberson v. State of Mississippi, 354 So. 3d 422 (Miss. Ct. App. 2023).published
  • Ronnie Gibson, Sr. v. Nicholas Abate, No. 24-1929, 2025 WL 1913247 (6th Cir. July 11, 2025).unpublished
  • United States v. Johnson, 143 F.4th 184 (2d Cir. 2025).published
  • Slaughter v. Trump, No. 2025-0909, 2025 WL 1984396 (D.D.C. July 17, 2025).published
  • Commonwealth of Massachusetts v. Kennedy, No. 25-1612 (1st Cir. July 18, 2025).published
  • United States v. Trihealth, Inc., No. 1:19-cv-00168 (S.D. Ohio July 28, 2025).
  • United States v. Trihealth, Inc., No. 1:20-cv-00067 (S.D. Ohio July 28, 2025).
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  • Jeanne Hedgepeth v. James Britton, 152 F.4th 789 (7th Cir. 2025).published
  • Colorado Motor v. Town of Vail, No. 24-1017 (10th Cir. Aug. 29, 2025).published
  • United States v. Jordan Leahy, 152 F.4th 1356 (11th Cir. 2025).published
  • State v. Mares, 543 P.3d 1198 (N.M. 2023).published
  • James Martin Witkowski v. Douglas A. Collins, No. 24-0640 (Vet. App. Oct. 21, 2025).published
  • Biestek v. United States, No. 23-1467 (Fed. Cir. Oct. 23, 2025).unpublished
  • Thompson, No. 5:23-cv-04120 (D. Kan. Nov. 5, 2025).
  • Gwynne A. Wilcox v. Donald J. Trump, No. 25-5057 (D.C. Cir. Dec. 5, 2025).published
  • Holt, No. 5:25-cv-01231 (W.D. Okla. Dec. 26, 2025).
  • Am. Academy of Pediatrics v. U.S. Dep't of Health & Human Servs., No. 2025-4505 (D.D.C. Jan. 11, 2026).published
  • United States v. Marschalek, No. S32776 (A.F.C.C.A. Jan. 16, 2026).unpublished
  • League of United Latin Am. Citizens v. Exec. Off. of the President, No. 2025-0946 (D.D.C. Jan. 30, 2026).published
  • Wanda Joyce Smith v. Casey Lending, LLC, No. 01-22-00954-CV (Tex. App.—Houston [1st Dist.] Jan. 29, 2026).published
  • Justin C. Pfeiffer v. David H. Berg & David H. Berg & Assocs. PC, No. 01-24-00242-CV (Tex. App.—Houston [1st Dist.] Jan. 29, 2026).published
  • Jimmy Davis, Jr. v. Comm'r, 167 F.4th 1144 (11th Cir. 2026).published
  • Roake v. Brumley, 170 F.4th 292 (5th Cir. 2026).published
  • David Sanders v. Laura Plappert, 168 F.4th 837 (6th Cir. 2026).published
  • Gays Against Groomers v. Garcia, 169 F.4th 981 (10th Cir. 2026).published
  • Peo v. Gonzales, No. 23CA1617 (Colo. Ct. App. Mar. 19, 2026).unpublished
  • State v. O'Brien, 2026-Ohio-1173, 281 N.E.3d 1207.published
  • Homeroom, Inc. v. City of Shawnee, No. 23-3168 (10th Cir. Apr. 6, 2026).unpublished
  • Krystle Perry v. Stacy Marteney, 172 F.4th 315 (4th Cir. 2026).published
  • United States v. Marshalek, No. S32776 (recon) (A.F.C.C.A. Apr. 17, 2026).unpublished
  • Ball v. New York State Dept. of Health, 2026 NY Slip Op 02494 (N.Y. App. Div. 3d Dep't 2026).published
  • Bethany Hall v. A. Fleming, 175 F.4th 510 (4th Cir. 2026).published
  • Gordon, No. 3:24-cv-01447 (D. Conn. May 15, 2026).
  • Tallahassee Bail Fund v. Clerk of the Circuit Court & Comptroller for Leon Cnty., No. 24-10992 (11th Cir. June 1, 2026).unpublished
  • Brighton Park Neighborhood Council v. McMahon, No. 2025-4523 (D.D.C. June 12, 2026).published
  • Trujillo v. Amity Plaza, No. 25-1201 (10th Cir. July 27, 2026).published
  • United States v. Stephen Johnson, No. 24-3162 (D.C. Cir. July 31, 2026).published
  • United States v. Augillard, No. 25-30192 (5th Cir. Aug. 18, 2026).published
  • Sung-Chul Jung v. Fairfax Taxi, Inc., No. 25-1702 (4th Cir. Aug. 19, 2026).published
  • Brian O'Connor v. Fairfax Taxi, Inc., No. 25-1699 (4th Cir. Aug. 19, 2026).published
  • Pomeroy v. Utah State Bar, No. 24-4054 (10th Cir. Aug. 31, 2026).published
  • Luther Poynter v. Aaron Shirley, No. 25-5188, 2026 WL 2641092 (6th Cir. Sept. 8, 2026).published
  • Mullins v. State of Florida, No. 2D2025-0655 (Fla. 2d DCA Sept. 9, 2026).published
  • Megalomedia v. Philadelphia Indem., No. 23-20570 (5th Cir. Sept. 14, 2026).published
  • Sauerwein, No. 3:23-cv-01071 (N.D. Ohio Sept. 21, 2026).
  • Bultemeyer v. Centurylink, Inc., No. 24-6413 (9th Cir. Sept. 22, 2026).published
  • Valarie Lindsey, No. 23432-22 (T.C. Sept. 24, 2026).unpublished
  • United States v. Brandon Romel Dupree, 57 F. 4th 1269 (11th Cir. 2023).published
  • Mallory v. Norfolk S. R. Co, 600 U.S. 122 (2023).published
  • State Of Washington, V. James David Griepsma, Jr., 525 P.3d 623 (Wash. Ct. App. 2023).published
  • Consum Rsch. v. Consum Prod Sfty, 91 F.4th 342 (5th Cir. 2024).published
  • Muscogee (Creek) Nation v. Buford Rollin, 119 F.4th 881 (11th Cir. 2024).published
  • Rebecca Slaughter v. Donald Trump, No. 25-5261 (D.C. Cir. Sept. 2, 2025).published
  • Nathan v. Alamo Heights ISD, 173 F.4th 576 (5th Cir. 2026).published
  • Confederated Tribes of the Chehalis Reservation v. Thurston Cnty. Bd. of Equalization, 724 F.3d 1153 (9th Cir. 2013).published
    “If a precedent of [the Supreme] Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls.”
  • Wilkerson v. Whitley, 28 F.3d 498 (5th Cir. 1994).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Harper, 527 F.3d 396 (5th Cir. 2008).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Newdow v. U.S. Cong., 328 F.3d 466 (9th Cir. 2002).published
    “If a precedent of this Court has direct application in a ease, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Landell v. Sorrell, 406 F.3d 159 (2d Cir. 2005).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Greer, 435 F.3d 1327 (11th Cir. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States Sec. & Exch. Comm'n v. Ginsburg, 362 F.3d 1292 (11th Cir. 2004).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Allapattah Servs., Inc. v. Exxon Corp., 362 F.3d 739 (11th Cir. 2004).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Donald Jerome Spero v. United States, 375 F.3d 1285 (11th Cir. 2004).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Powell v. Barrett, 541 F.3d 1298 (11th Cir. 2008).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Ronnie J. Greer, 440 F.3d 1267 (11th Cir. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Italian Colors Restaurant v. Am. Express Travel Related Servs. Co., 667 F.3d 204 (2d Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Powell v. Barrett, 496 F.3d 1288 (11th Cir. 2008).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • In re Grand Jury Proceeding Related to Doe, 317 F. App'x 54 (2d Cir. 2009).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Int'l Bus. Machines Corp. v. United States, 31 Fed. Cl. 500 (Fed. Cl. 1994).published
    “If a precedent of tWs Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to thi…”
  • Lamson v. United States, 101 Fed. Cl. 280 (Fed. Cl. 2011).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. O’Brien, 560 U.S. 218 (2010).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • St. John Missionary Baptist Church v. Flakes, 547 S.W.3d 311 (Tex. App.—Dallas 2018).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [court] should follow the case which directly controls, leaving to this Court…”
  • In re State Farm Mut. Auto. Ins. Co., 553 S.W.3d 557 (Tex. App.—San Antonio 2018).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [appellate court] should follow the case which directly controls, leaving to t…”
  • Robb Evans & Assocs., LLC v. Holibaugh, 609 F.3d 359 (4th Cir. 2010).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Steven Wells v. N. Howton, 409 F. App'x 86 (9th Cir. 2010).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Miller, Antoine, 395 F.3d 452 (D.C. Cir. 2005).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Fond Du Lac Band of Lake Superior Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011).published
    “the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions”
  • Kraft, Inc. v. Fed. Trade Comm'n, 970 F.2d 311 (7th Cir. 1992).published
    “If a precedent of this Court has a direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, [Courts] of Appeals should follow the case which directly controls, leaving to […”
  • King Instruments Corp. v. Luciano Perego & Tapematic, 65 F.3d 941 (Fed. Cir. 1995).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United Steel v. Gov't of the United States Virgin Islands, 66 V.I. 631 (D.V.I. 2012).published
    “If a precedent of this Court has direct application in a case ... the [lower court] should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.”
  • Ammex, Inc v. Dep't of Treasury, 603 N.W.2d 308 (Mich. Ct. App. 1999).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower court] should follow the case which directly controls, leaving to this…”
  • Denise Chavez v. Arte Publico Press Nicolas Kanellos Univ. of Houston, 157 F.3d 282 (5th Cir. 1998).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Jody Myesha Orso, 275 F.3d 1190 (9th Cir. 2001).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Falen Gherebi v. George Walker Bush Donald H. Rumsfeld, 352 F.3d 1278 (9th Cir. 2003).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. William Weiland, 420 F.3d 1062 (9th Cir. 2005).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Morvant v. P.F. Chang's China Bistro, Inc., 870 F. Supp. 2d 831 (N.D. Cal. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to [t…”
  • United States v. Polouizzi, 564 F.3d 142 (2d Cir. 2009).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Zoltek Corp. v. United States, 442 F.3d 1345 (Fed. Cir. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Willis v. Nationwide Debt Settlement Grp., 878 F. Supp. 2d 1208 (D. Or. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Jasso v. Money Mart Express, Inc., 879 F. Supp. 2d 1038 (N.D. Cal. 2012).published
    “[i]f a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to…”
  • Garrus v. Sec'y of the Pennsylvania Dep't of Corr., 694 F.3d 394 (3d Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • In re Grand Jury v., 705 F.3d 133 (3d Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Jeffrey Sterling, 724 F.3d 482 (4th Cir. 2013).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals- should follow the case which directly controls, leaving to t…”
  • Indiana Dep't of State Revenue v. Felix, 571 N.E.2d 287 (Ind. 1991).published
    “If a precedent of this Court has direct application in *290 a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving…”
  • Weaver v. Madison City Bd. of Educ., 947 F. Supp. 2d 1308 (N.D. Ala. 2013).published
    “If a precedent of this Court has direct application in a case,-yet appears to rest on .reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to t…”
  • United States v. Henery, 60 F. Supp. 3d 1126 (D. Idaho 2014).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the ease which directly controls, leaving this…”
  • Paul Remme v. Jean Hill, 370 F. App'x 855 (9th Cir. 2010).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Quartavious Davis, 785 F.3d 498 (11th Cir. 2015).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45M, 371 P.3d 768.published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Bull v. City & Cnty. of San Francisco, 595 F.3d 964 (9th Cir. 2010).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Nordyke v. King, 563 F.3d 439 (9th Cir. 2009).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls. . . .”
  • Gov't of the Virgin Islan v. Renell Lettsome, 680 F. App'x 88 (3d Cir. 2017).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Benisek v. Lamone, 266 F. Supp. 3d 799 (D. Md. 2017).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Sanchez v. Gomez, 283 F. Supp. 3d 524 (W.D. Tex. 2017).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. McIvery, 806 F.3d 645 (1st Cir. 2015).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Prison Legal News v. Sec'y, 890 F.3d 954 (11th Cir. 2018).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Charles Cannon, 750 F.3d 492 (5th Cir. 2014).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Richard Wally Rose v. United States, No. 13-15376 (11th Cir. June 6, 2018).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Harry Katzin, 769 F.3d 163 (3d Cir. 2014).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Ali Hamza Ahmad al Bahlul v. United States, 792 F.3d 1 (D.C. Cir. 2015).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Carter v. Derwinski, 987 F.2d 611 (9th Cir. 1993).published
    “If a precedent ... has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court t…”
  • Acorda Therapeutics Inc. v. Mylan Pharm. Inc., 817 F.3d 755 (Fed. Cir. 2016).published
    “If a precedent of this Court has direct application in a case, yet appears to rest. on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to t…”
  • In re Am. Exp. Merchants'Litig., 667 F.3d 204 (2d Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Solymar Investments, Ltd. v. Banco Santander S.A., 672 F.3d 981 (11th Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Bryan Manning v. Donald Caldwell, 900 F.3d 139 (4th Cir. 2018).published
    “[T]he Court of Appeals should ... leav[e] to this Court the prerogative of overruling its own decisions.”
  • Coneff v. AT & T CORP., 673 F.3d 1155 (9th Cir. 2012).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • In re Fort Apache Energy, Inc., Allan P. Bloxsom, & Drilling Risk Mgmt., Inc., 482 S.W.3d 667 (Tex. App.—Dallas 2015).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [court] should follow the case which directly controls, leaving to this Court…”
  • New Doe Child 1 v. United States, 901 F.3d 1015 (8th Cir. 2018).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Roby v. Corp. of Lloyd's, 824 F. Supp. 336 (S.D.N.Y. 1992).published
    “Wilko was incorrectly decided and is inconsistent with the prevailing uniform construction of other federal statutes governing arbitration agreements in the setting of business transactions.... [W]e overrule the decisi…”
  • John L. Lancaster v. Air Line Pilots Ass'n Int'l United Airlines, 76 F.3d 1509 (10th Cir. 1996).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • In re Horizon Healthcare Servs. Inc. Data Breach Litig., 846 F.3d 625 (3d Cir. 2017).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Mentor Graphics Corp. v. Eve-Usa, Inc., 870 F.3d 1298 (Fed. Cir. 2017).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • U.S. Equal Emp. Opportunity Comm'n v. Maryland Ins. Admin., 879 F.3d 114 (4th Cir. 2018).published
    “[T]he Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.”
  • Denise Chavez v. Arte Publico Press Nicolas Kanellos Univ. of Houston, 139 F.3d 504 (5th Cir. 1998).published
    “If a precedent of this Court has direct application in a ease, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the ease which directly controls, leaving to th…”
  • United States v. Jimmie White, 920 F.3d 1109 (6th Cir. 2019).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower courts] should follow the case which directly controls, leaving to this…”
  • Pelphrey v. Cobb Cnty., Ga., 410 F. Supp. 2d 1324 (N.D. Ga. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [lower courts] should follow the case which directly controls, leaving to this…”
  • Jimmy Meders v. Warden, 911 F.3d 1335 (11th Cir. 2019).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Johnnie Savory v. William Cannon, Sr., 912 F.3d 1030 (7th Cir. 2019).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • S.D. Myers, Inc. v. City & Cnty. of San Francisco & San Francisco Human Rights Comm'n, 253 F.3d 461 (9th Cir. 2001).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Newdow v. US Cong., 292 F.3d 597 (9th Cir. 2002).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Alan Quinones, 313 F.3d 49 (2d Cir. 2002).published
    “If a precedent of this Court has direct application in a case, ... the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.”
  • In re Agd Minor, No. 345717 (Mich. Ct. App. Mar. 14, 2019).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Landell v. Sorrell, 406 F.3d 159 (2d Cir. 2005).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Criss E. Duncan, 413 F.3d 680 (7th Cir. 2005).published
    “[I]f a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the ease which directly controls, leaving to…”
  • United States v. Ryan J. Peters, 462 F.3d 716 (7th Cir. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, 927 F.3d 1333 (Fed. Cir. 2019).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Owens Corning v. Carter, 997 S.W.2d 560 (Tex. 1999).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the [court] should follow the case which directly controls, leaving to this Court…”
  • Medeiros v. Atl. States Marine Fisheries Comm'n, 327 F. Supp. 2d 145 (D.R.I. 2004).published
    “If a precedent of this Court has a direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to…”
  • United States v. Barnes, 222 F. App'x 282 (4th Cir. 2007).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • United States v. Echeverria-Mendez, 223 F. App'x 215 (4th Cir. 2007).unpublished
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • World Wrestling Ent., Inc. v. Jakks Pac., Inc., 425 F. Supp. 2d 484 (S.D.N.Y. 2006).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Johnson v. United States, No. 2:14-cv-02003 (W.D. Tenn. Dec. 3, 2020).
    “the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions”
  • Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., 506 P.3d 857 (Colo. Ct. App. 2021).published
    “If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to th…”
  • Whitaker v. Cent. Intelligence Agency, 31 F. Supp. 3d 23 (D.D.C. 2014).published
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  • John Herron v. Governor of Pennsylvania, 564 F. App'x 647 (3d Cir. 2014).unpublished
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At page 481 Enforcing arbitration agreements under securities statutes34 citing cases“fallen far out of step with our current strong endorsement of the federal statutes favoring this method of resolving disputes.”13 citing courts quote it · 32 listed here
Show 22 more citing cases
At page 482 Analyzing waiver of securities act provisions for arbitration24 citing casesfinding that the arbitration clause is a procedural provision, and that there is “no sound basis” for construing a prohibition on waiving compliance with any provision of the 1933 Act to apply to the arbitration clause3 citing courts put it this way · also cited as 109 S. Ct. at 1920 · 18 listed here
Show 8 more citing cases
At page 480 Analyzing statutory limitations on arbitration agreements16 citing casesholding that securities fraud claims arising under § 12(2) of the Securities Act of 1933, 15 U.S.C.A. § 771 (2), are arbitrable2 citing courts put it this way · also cited as 109 S. Ct. at 1919 · 15 listed here
Show 5 more citing cases
At page 483 Enforceability of arbitration agreements under securities act15 citing casesdescribing arbitration agreements as “ ‘in effect, a specialized kind of forum-selection clause’1 citing court put it this way
Show 5 more citing cases
At page 485 Overruling prior precedent on securities arbitration law10 citing casesholding that parties may arbitrate Securities Act of 1933 claims1 citing court put it this way · also cited as 109 S. Ct. at 1922
At page 486 Dissenting opinion on respecting court precedent10 citing cases“resort to the arbitration process does not inherently undermine any of the substantive rights afforded to petitioners under the Securities Act.”2 citing courts quote it
At page 479 Analyzing arbitration agreements under securities act provisions8 citing cases“[The] legislative policy embodied in the Arbitration Act ... strongly favors the enforcement of agreements to arbitrate as a means of securing prompt, economical and adequate solution of controversies.”1 citing court quotes it
109 S. Ct. at 1923 Describing judicial activism in dissenting opinion4 citing cases
Quoted next to this citation, but not language from this opinion
“[T]he Court of Appeals should . . . leav[e] to [the Supreme] Court the prerogative of overruling its own decisions.”quoted beside the cite; not in this opinion · 2 citing cases listed
  • Fields, Beverly v. Off Eddie Johnson, 459 F.3d 1 (D.C. Cir. 2006).published
    “[T]he Court of Appeals should . . . leav[e] to [the Supreme] Court the prerogative of overruling its own decisions.”
  • United States v. Joseph Simms, 914 F.3d 229 (4th Cir. 2019).published
    “''[T]he Court of Appeals should ... leav[e] to th[e Supreme ] Court the prerogative of overruling its own decisions.''”
Other citing cases1 with no pin cite or quoted language on record
  • Ottman v. Fadden, 575 N.W.2d 593 (Minn. Ct. App. 1998).published Cited "but see" · 3 cites
Retrieving the full opinion text from the archive…
Rodriguez De Quijas Et Al.
v.
SHEARSON/AMERICAN Express, Inc.
88-385.
Supreme Court of the United States.
May 15, 1989.
Published opinion
490 U.S. 477
1989 U.S. LEXIS 2397
Denis A. Downey argued the cause and filed briefs for petitioners., Theodore A. Krebsbach argued the cause for respondent. With him on the brief was Jeffrey L. Friedman. *
Kennedy, Rehnquist, White, O'Connor, Scalia, Stevens, Brennan, Marshall, Black-Mun, Blackmun.
Cited by 1,990 opinions  |  Published
41 passages pin-cited by 108 cases
Pinpoint authority: #271 of 633,719
Citer courts: Ninth Circuit (26) · Eleventh Circuit (17) · Fourth Circuit (14) · Second Circuit (10) · Third Circuit (8) · D.C. Circuit (8) · First Circuit (7)

Lead Opinion

Justice Kennedy

delivered the opinion of the Court.

The question here is whether a predispute agreement to arbitrate claims under the Securities Act of 1933 is unenforceable, requiring resolution of the claims only in a judicial forum.

I

Petitioners are individuals who invested about $400,000 in securities. They signed a standard customer agreement with the broker, which included a clause stating that the parties agreed to settle any controversies “relating to [the] accounts” through binding arbitration that complies with specified procedures. The agreement to arbitrate these controversies is unqualified, unless it is found to be unenforceable under federal or state law. Customer’s Agreement ¶ 13. The investments turned sour, and petitioners eventually sued respondent and its broker-agent in charge of the accounts, alleging that their money was lost in unauthorized and fraudulent transactions. In their complaint they[*479] pleaded various violations of federal and state law, including claims under § 12(2) of the Securities Act of 1933, 15 U. S. C. § 77l(2), and claims under three sections of the Securities Exchange Act of 1934.

The District Court ordered all the claims to be submitted to arbitration except for those raised under § 12(2) of the Securities Act. It held that the latter claims must proceed in the court action under our clear holding on the point in Wilko v. Sivan, 346 U. S. 427 (1953). The District Court reaffirmed its ruling upon reconsideration and also entered a default judgment against the broker, who is no longer in the case. The Court of Appeals reversed, concluding that the arbitration agreement is enforceable because this Court’s subsequent decisions have reduced Wilko to “obsolescence.” Rodriguez de Quijas v. Shearson/Lehman Bros., Inc., 845 F. 2d 1296, 1299 (CA5 1988). We granted certiorari, 488 U. S. 954 (1988).

II

The Wilko case, decided in 1953, required the Court to determine whether an agreement to arbitrate future controversies constitutes a binding stipulation “to waive compliance with any provision” of the Securities Act, which is nullified by § 14 of the Act. 15 U. S. C. § 77n. The Court considered the language, purposes, and legislative history of the Securities Act and concluded that the agreement to arbitrate was void under §14.* But the decision was a difficult one in view of the competing legislative policy embodied in the Arbitration Act, which the Court described as “not easily reconcilable,” and which strongly favors the enforcement of agreements to arbitrate as a means of securing “prompt, eco[*480]nomical and adequate solution of controversies.” 346 U. S., at 438.

It has been recognized that Wilko was not obviously correct, for “the language prohibiting waiver of ‘compliance with any provision of this title’ could easily have been read to relate to substantive provisions of the Act without including the remedy provisions.” Alberto-Culver Co. v. Scherk, 484 F. 2d 611, 618, n. 7 (CA7 1973) (Stevens, J., dissenting), rev’d, 417 U. S. 506 (1974). The Court did not read the language this way in Wilko, however, and gave two reasons. First, the Court rejected the argument that “arbitration is merely a form of trial to be used in lieu of a trial at law.” 346 U. S., at 433. The Court found instead that § 14 does not permit waiver of “the right to select the judicial forum” in favor of arbitration, id., at 435, because “arbitration lacks the certainty of a suit at law under the Act to enforce [the buyer’s] rights,” id., at 432. Second, the Court concluded that the Securities Act was intended to protect buyers of securities, who often do not deal at arm’s length and on equal terms with sellers, by offering them “a wider choice of courts and venue” than is enjoyed by participants in other business transactions, making “the right to select the judicial forum” a particularly valuable feature of the Securities Act. Id., at 435.

We do not think these reasons justify an interpretation of § 14 that prohibits agreements to arbitrate future disputes relating to the purchase of securities. The Court’s characterization of the arbitration process in Wilko is pervaded by what Judge Jerome Frank called “the old judicial hostility to arbitration.” Kulukundis Shipping Co. v. Amtorg Trading Corp., 126 F. 2d 978, 985 (CA2 1942). That view has been steadily eroded over the years, beginning in the lower courts. See Scherk, supra, at 616 (Stevens, J., dissenting) (citing cases). The erosion intensified in our most recent decisions upholding agreements to arbitrate federal claims raised under the Securities Exchange Act of 1934, see Shear-[*481] son/American Express Inc. v. McMahon, 482 U. S. 220 (1987), under the Racketeer Influenced and Corrupt Organizations (RICO) statutes, see ibid., and under the antitrust laws, see Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U. S. 614 (1985). See also Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 221 (1985) (federal arbitration statute “requires that we rigorously enforce agreements to arbitrate”); Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U. S. 1, 24 (1983) (“[(Questions of arbitrability must be addressed with a healthy regard for the federal policy favoring arbitration”). The shift in the Court’s views on arbitration away from those adopted in Wilko is shown by the flat statement in Mitsubishi: “By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum.” 473 U. S., at 628. To the extent that Wilko rested on suspicion of arbitration as a method of weakening the protections afforded in the substantive law to would-be complainants, it has fallen far out of step with our current strong endorsement of the federal statutes favoring this method of resolving disputes.

Once the outmoded presumption of disfavoring arbitration proceedings is set to one side, it becomes clear that the right to select the judicial forum and the wider choice of courts are not such essential features of the Securities Act that § 14 is properly construed to bar any waiver of these provisions. Nor are they so critical that they cannot be waived under the rationale that the Securities Act was intended to place buyers of securities on an equal footing with sellers. Wilko identified two different kinds of provisions in the Securities Act that would advance this objective. Some are substantive, such as the provision placing on the seller the burden of proving lack of scienter when a buyer alleges fraud. See 346 U. S., at 431, citing 15 U. S. C. §77Z(2). Others are procedural. The specific procedural improvements highlighted in[*482] Wilko are the statute’s broad venue provisions in the federal courts; the existence of nationwide service of process in the federal courts; the extinction of the amount-in-controversy requirement that had applied to fraud suits when they were brought in federal courts under diversity jurisdiction rather than as a federal cause of action; and the grant of concurrent jurisdiction in the state and federal courts without possility of removal. See 346 U. S., at 431, citing 15 U. S. C. § 77v(a).

There is no sound basis for construing the prohibition in § 14 on waiving “compliance with any provision” of the Securities Act to apply to these procedural provisions. Although the first three measures do facilitate suits by buyers of securities, the grant of concurrent jurisdiction constitutes explicit authorization for complainants to waive those protections by filing suit in state court without possibility of removal to federal court. These measures, moreover, are present in other federal statutes which have not been interpreted to prohibit enforcement of predispute agreements to arbitrate. See Shear son/American Express Inc. v. McMahon, supra (construing the Securities Exchange Act of 1934; see 15 U. S. C. § 78aa); ibid, (construing the RICO statutes; see 18 U. S. C. § 1965); Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., supra (construing the antitrust laws; see 15 U. S. C. § 15).

Indeed, in McMahon the Court declined to read § 29(a) of the Securities Exchange Act of 1934, the language of which is in every respect the same as that in § 14 of the 1933 Act, compare 15 U. S. C. § 77v(a) with § 78aa, to prohibit enforcement of predispute agreements to arbitrate. The only conceivable distinction in this regard between the Securities Act and the Securities Exchange Act is that the former statute allows concurrent federal-state jurisdiction over causes of action and the latter statute provides for exclusive federal jurisdiction. But even if this distinction were thought to make any difference at all, it would suggest that arbitration agreements,[*483] which are “in effect, a specialized kind of forum-selection clause,” Scherk v. Alberto-Culver Co., 417 U. S. 506, 519 (1974), should not be prohibited under the Securities Act, since they, like the provision for concurrent jurisdiction, serve to advance the objective of allowing buyers of securities a broader right to select the forum for resolving disputes, whether it be judicial or otherwise. And in McMahon we explained at length why we rejected the Wilko Court’s aversion to arbitration as a forum for resolving disputes over securities transactions, especially in light of the relatively recent expansion of the Securities and Exchange Commission’s authority to oversee and to regulate those arbitration procedures. 482 U. S., at 231-234. We need not repeat those arguments here.

Finally, in McMahon we stressed the strong language of the Arbitration Act, which declares as a matter of federal law that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U. S. C. §2. Under that statute, the party opposing arbitration carries the burden of showing that Congress intended in a separate statute to preclude a waiver of judicial remedies, or that such a waiver of judicial remedies inherently conflicts with the underlying purposes of that other statute. 482 U. S., at 226-227. But as Justice Frankfurter said in dissent in Wilko, so it is true in this case: “There is nothing in the record before us, nor in the facts of which we can take judicial notice, to indicate that the arbitral system . . . would not afford the plaintiff the rights to which he is entitled.” 346 U. S., at 439. Petitioners have not carried their burden of showing that arbitration agreements are not enforceable under the Securities Act.

The language quoted above from § 2 of the Arbitration Act also allows the courts to give relief where the party opposing arbitration presents “well-supported claims that the agreement to arbitrate resulted from the sort of fraud or over[*484]whelming economic power that would provide grounds ‘for the revocation of any contract.’” Mitsubishi, 473 U. S., at 627. This avenue of relief is in harmony with the Securities Act’s concern to protect buyers of securities by removing “the disadvantages under which buyers labor” in their dealings with sellers. Wilko, supra, at 435. Although petitioners suggest that the agreement to arbitrate here was adhesive in nature, the record contains no factual showing sufficient to support that suggestion.

Ill

We do not suggest that the Court of Appeals on its own authority should have taken the step of renouncing Wilko. If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions. We now conclude that Wilko was incorrectly decided and is inconsistent with the prevailing uniform construction of other federal statutes governing arbitration agreements in the setting of business transactions. Although we are normally and properly reluctant to overturn our decisions construing statutes, we have done so to achieve a uniform interpretation of similar statutory language, Commissioner v. Estate of Church, 335 U. S. 632, 649-650 (1949), and to correct a seriously erroneous interpretation of statutory language that would undermine congressional policy as expressed in other legislation, see, e. g., Boys Markets, Inc. v. Retail Clerks, 398 U. S. 235, 240-241 (1970) (overruling Sinclair Refining Co. v. Atkinson, 370 U. S. 195 (1962)). Both purposes would be served here by overruling the Wilko decision.

It also would be undesirable for the decisions in Wilko and McMahon to continue to exist side by side. Their inconsistency is at odds with the principle that the 1933 and 1934 Acts should be construed harmoniously because they “consti[*485]tute interrelated components of the federal regulatory scheme governing transactions in securities.” Ernst & Ernst v. Hochfelder, 425 U. S. 185, 206 (1976). In this case, for example, petitioners’ claims under the 1934 Act were subjected to arbitration, while their claim under the 1933 Act was not permitted to go to arbitration, but was required to proceed in court. That result makes little sense for similar claims, based on similar facts, which are supposed to arise within a single federal regulatory scheme. In addition, the inconsistency between Wilko and McMahon undermines the essential rationale for a harmonious construction of the two statutes, which is to discourage litigants from manipulating their allegations merely to cast their claims under one of the securities laws rather than another. For all of these reasons, therefore, we overrule the decision in Wilko.

Petitioners argue finally that if the Court overrules Wilko, it should not apply its ruling retroactively to the facts of this case. We disagree. The general rule of long standing is that the law announced in the Court’s decision controls the case at bar. See, e. g., Saint Francis College v. Al-Khazraji, 481 U. S. 604, 608 (1987); United States v. Schooner Peggy, 1 Cranch 103, 109 (1801). In some civil cases, the Court has restricted its rulings to have prospective application only, where specific circumstances are present. Chevron Oil v. Huson, 404 U. S. 97, 106-107 (1971). Under the Chevron approach, the customary rule of retroactive application is appropriate here. Although our decision to overrule Wilko establishes a new principle of law for arbitration agreements under the Securities Act, this ruling furthers the purposes and effect of the Arbitration Act without undermining those of the Securities Act. Today’s ruling, moreover, does not produce “substantial inequitable results,” 404 U. S., at 107, for petitioners do not make any serious allegation that they agreed to arbitrate future disputes relating to their investment contracts in reliance on Wilko’s holding that such agreements would be held unenforceable by the courts. Our[*486] conclusion is reinforced by our assessment that resort to the arbitration process does not inherently undermine any of the substantive rights afforded to petitioners under the Securities Act.

The judgment of the Court of Appeals is

Affirmed.

The Court carefully limited its holding to apply only to arbitration agreements which are made “prior to the existence of a controversy.” 346 U. S., at 438; see id., at 438-439 (Jackson, J., concurring). In contrast, “courts uniformly have concluded that Wilko does not apply to the submission to arbitration of existing disputes.” Shearson/American Express Inc. v. McMahon, 482 U. S. 220, 233 (1987).

Dissent

Justice Stevens, with whom Justice Brennan, Justice Marshall, and Justice Blackmun join,

dissenting.

The Court of Appeals refused to follow Wilko v. Sivan, 346 U. S. 427 (1953), a controlling precedent of this Court. As the majority correctly acknowledges, ante, at 484, the Court of Appeals therefore engaged in an indefensible brand of judicial activism.[1] We, of course, are not subject to the same restraint when asked to upset one of our own precedents. But when our earlier opinion gives a statutory provision concrete meaning, which Congress elects not to amend during the ensuing 354 decades, our duty to respect Congress’ work product is strikingly similar to the duty of other federal courts to respect our work product.[2]

[*487] In the final analysis, a Justice’s vote in a case like this depends more on his or her views about the respective lawmaking responsibilities of Congress and this Court than on conflicting policy interests. Judges who have confidence in their own ability to fashion public policy are less hesitant to change the law than those of us who are inclined to give wide latitude to the views of the voters’ representatives on non-constitutional matters. Cf. Boyle v. United Technologies Corp., 487 U. S. 500 (1988). As I pointed out years ago, Alberto-Culver Co. v. Scherk, 484 F. 2d 611, 615-620 (CA7 1973) (dissenting opinion), rev’d, 417 U. S. 506 (1974), there are valid policy and textual arguments on both sides regarding the interrelation of federal securities and arbitration Acts.[3] See ante, at 479-484. None of these arguments, however, carries sufficient weight to tip the balance between judicial and legislative authority and overturn an interpretation of an Act of Congress that has been settled for many years.

I respectfully dissent.

1

After the Court decided Shearson/American Express Inc. v. McMahon, 482 U. S. 220 (1987), numerous District Courts also deviated from the rule established in Wilko v. Sivan, and enforced predispute arbitration clauses in suits brought pursuant to the Securities Act of 1933. E. g., Reed v. Bear, Stearns & Co., 698 F. Supp. 835 (Kan. 1988); Ryan v. Liss, Tenner & Goldberg Securities Corp., 683 F. Supp. 480 (NJ 1988); Kavouras v. Visual Products Systems, Inc., 680 F. Supp. 205 (WD Pa. 1988); Aronson v. Dean Witter Reynolds, Inc., 675 F. Supp. 1324 (SD Fla. 1987); DeKuyperv. A. G. Edwards & Sons, Inc., 695 F. Supp. 1367 (Conn. 1987); Rosenblum v. Drexel Burnham Lambert Inc., 700 F. Supp. 874 (ED La. 1987); Staiman v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 673 F. Supp. 1009 (CD Cal. 1987).

2

Cf. McMahon, 482 U. S., at 268 (Stevens, J., concurring in part and dissenting in part) (“[A]fter a statute has been construed ... by this Court ... it acquires a meaning that should be as clear as if the judicial gloss had been drafted by the Congress itself. This position reflects both respect for Congress’ role, see Boys Market, Inc. v. Retail Clerks, 398 U. S. 235, 257-258 (1970) (Black, J., dissenting), and the compelling need to preserve[*487] the courts’ limited resources, see B. Cardozo, The Nature of the Judicial Process 149 (1921)”).

3

Indeed the Court first debated some of these arguments in the precedent-setting opinion that the majority now overrules. Compare Wilko, 346 U. S., at 432-438, with id., at 439-440 (Frankfurter, J., dissenting). Most recently they were revisited in McMahon, supra, an action based upon the Securities Exchange Act of 1934. Compare 482 U. S., at 225-238, with id., at 243-266 (Blackmun, J., concurring in part and dissenting in part).