Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 2 (2001)

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106

CIRCUIT CITY STORES, INC. v. ADAMS

Syllabus

tual obstacle that, unlike § 2's "involving commerce" language, the § 1 words "any other class of workers engaged in . . . commerce" constitute a residual phrase, following, in the same sentence, explicit reference to "seamen" and "railroad employees." The wording thus calls for application of the maxim ejusdem generis, under which the residual clause should be read to give effect to the terms "seamen" and "railroad employees," and should be controlled and defined by reference to those terms. See, e. g., Norfolk & Western R. Co. v. Train Dispatchers, 499 U. S. 117, 129. Application of ejusdem generis is also in full accord with other sound considerations bearing upon the proper interpretation of the clause. In prior cases, the Court has read "engaged in commerce" as a term of art, indicating a limited assertion of federal jurisdiction. See, e. g., United States v. American Building Maintenance Industries, 422 U. S. 271, 279-280. The Court is not persuaded by the assertion that its § 1 interpretation should be guided by the fact that, when Congress adopted the FAA, the phrase "engaged in commerce" came close to expressing the outer limits of its Commerce Clause power as then understood, see, e. g., The Employers' Liability Cases, 207 U. S. 463, 498. This fact alone does not provide any basis to adopt, "by judicial decision, rather than amendatory legislation," Gulf Oil Corp. v. Copp Paving Co., 419 U. S. 186, 202, an expansive construction of the FAA's exclusion provision that goes beyond the meaning of the words Congress used. While it is possible that Congress might have chosen a different jurisdictional formulation had it known that the Court later would embrace a less restrictive reading of the Commerce Clause, § 1's text precludes interpreting the exclusion provision to defeat the language of § 2 as to all employment contracts. The statutory context in which the "engaged in commerce" language is found, i. e., in a residual provision, and the FAA's purpose of overcoming judicial hostility to arbitration further compel that the § 1 exclusion be afforded a narrow construction. The better reading of § 1, in accord with the prevailing view in the Courts of Appeals, is that § 1 exempts from the FAA only employment contracts of transportation workers. Pp. 114-119.

(d) As the Court's conclusion is directed by § 1's text, the rather sparse legislative history of the exclusion provision need not be assessed. The Court rejects respondent's argument that the Court's holding attributes an irrational intent to Congress by excluding from the FAA's coverage those employment contracts that most involve interstate commerce, i. e., those of transportation workers, while including employment contracts having a lesser connection to commerce. It is a permissible inference that the former contracts were excluded because Congress had already enacted, or soon would enact, statutes governing

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