On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The Solicitor General has also asked to argue at the hearing on February 27. To my knowledge, DOJ has never previously weighed in on an arbitration case before the U.S. Supreme Court.
The issue in AmEx is whether American Express can enforce its arbitration agreement, which...