Back in 2018, veteran U.S. Supreme Court litigator Paul Clement reportedly joked during a public appearance that there were two types of arbitration cases at the Supreme Court: those in which the court rules 5-4 in favor of arbitration and those where the court rules 9-0 in favor of arbitration.

At the time, Clement had just secured the former type of arbitration ruling for his client in the case Epic Systems v. Lewis. There, the court’s then-slim conservative majority delivered a major victory for employers around the country by allowing them to demand individualized, rather than classwide, arbitration of workers’ wage and hour claims.