The third case pits decisions made by the 9th and 7th Circuit appeals courts against the 5th Circuit's ruling that forced arbitration clauses in employee contracts do not violate federal law. The 9th Circuit ruled in favor of the workers. In an unusual move, the Justice Department under Trump has switched sides and now favors employers.

In all four cases, the 9th Circuit judges in the majority were named by Democratic presidents, while the dissenting judges were Republican appointees. The travel ban case was unanimously decided by three of Bill Clinton's judges.
