By a five-to-four vote along ideological lines, the Supreme Court held, in an opinion written by Justice Scalia, that the Federal Arbitration Act preempted California's unconscionability law and that the class action waiver was therefore enforceable.

Much could be said about the legal analysis that led the Court to its decision, but I do not wish to say it here.  Rather, I wish to talk here about the decision's potential ramifications.  I think these ramifications could prove to be enormous. Although many commentators have warned that the decision could lead to the end of consumer class actions, this may not even be the half of it: it is possible the decision could lead to the end of class actions against businesses across most if not all of their...

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