Northport Health Services of Arkansas, LLC v. Department of Health and Human Services

Issue: (1) Whether the Federal Arbitration Act is indifferent to rules that penalize parties for using arbitration agreements but leave enforceable any theoretical agreements parties enter into despite those penalties; and (2) whether the Department of Health and Human Services may promulgate a rule that concededly singles out arbitration agreements for disfavored treatment even though Congress has nowhere expressly empowered HHS to override the FAA or its federal policy favoring arbitration.