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Scalia, J., dissenting
ance on the Court's interpretation of the Act in the interim. After reflection, I am persuaded by considerations of stare decisis, which we have said "have special force in the area of statutory interpretation," Patterson v. McLean Credit Union, 491 U. S. 164, 172-173 (1989), to acquiesce in today's judgment. Though wrong, Southland has not proved un-workable, and, as always, "Congress remains free to alter what we have done." Ibid.
Today's decision caps this Court's effort to expand the Federal Arbitration Act. Although each decision has built logically upon the decisions preceding it, the initial building block in Southland laid a faulty foundation. I acquiesce in today's judgment because there is no "special justification" to overrule Southland. Arizona v. Rumsey, 467 U. S. 203, 212 (1984). It remains now for Congress to correct this interpretation if it wishes to preserve state autonomy in state courts.
Justice Scalia, dissenting.
I have previously joined two judgments of this Court that rested upon the holding of Southland Corp. v. Keating, 465 U. S. 1 (1984). See Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U. S. 468 (1989); Perry v. Thomas, 482 U. S. 483 (1987). In neither of those cases, however, did any party ask that Southland be overruled, and it was therefore not necessary to consider the question. In the present case, by contrast, one of respondents' central arguments is that Southland was wrongly decided, and their request for its overruling has been supported by an amicus brief signed by the attorneys general of 20 States. For the reasons set forth in Justice Thomas' opinion, which I join, I agree with the respondents (and belatedly with Justice O'Connor) that Southland clearly misconstrued the Federal Arbitration Act.
I do not believe that proper application of stare decisis prevents correction of the mistake. Adhering to Southland
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