In Henry Schein, Inc., et al. v. Archer & White Sales, Inc. 586 U.S. (2019) No. 17 – 1272, Justice Brett Kavanough writing for a unanimous court found that the arbitrator, rather than judges should decide whether agreements calling for arbitration applied to disputes before them.

The reasons at page 5 states in part:

“We have held that a court may not “rule on the potential merits of the underlying” claim that is assigned by contract to an arbitrator, “even if it appears to the court to be frivolous.”