Oral Argument Re-Listen: Flower Foods, Inc. v. Brock | Interstate Worker, Not Local Laborer

Flowers Foods, Inc. v. Brock | Case No. 24-935 | Argued: 3/25/26 | Decided: May 28, 2026 | Docket Link: Here

Overview: The Supreme Court unanimously ruled that last-mile delivery workers who never cross state lines still qualify for the Federal Arbitration Act's exemption from mandatory arbitration if their intrastate routes form part of a continuous interstate journey.

Question Presented: Whether a worker qualifies for the FAA's Section 1 arbitration exemption without crossing state lines or interacting with interstate vehicles.

Posture: District court denied arbitration; Tenth Circuit affirmed; Supreme Court granted cert.

Oral Advocates:

• For Petitioner (Flowers Food): Traci L. Lovett of Jones Day
• For Respondent (Brock): Jennifer Bennett of Gupta Wessler

Main Arguments:

• Flowers Foods (Petitioner): (1) Section 1 requires workers to cross state lines or interact with interstate vehicles; (2) Brock's purely intrastate route falls outside Congress's intended scope of the exemption; (3) Extending Section 1 to intrastate-only workers produces an unworkable, open-ended standard.
• Brock (Respondent): (1) Statutory text "engaged in interstate commerce" covers workers on intrastate legs of continuous interstate journeys; (2) Historical Commerce Clause precedent confirms intrastate actors participate in interstate commerce; (3) The Court's own precedent in Saxon already rejected a crossing-state-lines requirement.

Holding: The Federal Arbitration Act’s exemption from compelled arbitration for workers “engaged in . . . interstate commerce,” 9 U. S. C. §1, can apply to a worker who transports goods on an intrastate leg of an interstate journey and who does not cross state lines or interact with vehicles that do.

Voting Breakdown: 9-0. Justice Gorsuch wrote the majority opinion joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. No concurrences. No dissents. Tenth Circuit judgment affirmed.

Opinion: Here

Majority Reasoning: (1) The 1925-era plain meaning of "engaged in interstate commerce" encompasses intrastate legs of continuous interstate journeys — nothing in the text requires crossing state lines or tagging interstate vehicles; (2) The Daniel Ball (1871) and a line of Commerce Clause cases confirm that purely intrastate actors participate in interstate commerce when moving goods within a continuous multi-state shipment; (3) Flowers Foods waived alternative arguments — including independent-contractor status and title transfer — by staking its entire case on the rejected cross-or-tag rule.

Separate Opinions: None.

Implications: Last-mile delivery drivers, food distributors, and local couriers whose routes remain within a single state now hold stronger claims to Section 1 protection — blocking companies from compelling arbitration and reopening access to class action litigation. Companies relying on arbitration clauses in franchisee and distributor agreements face exposure on wage claims. Two questions remain open: whether Section 1 covers workers operating through independently owned business entities, and whether taking title to goods defeats the exemption — issues currently splitting the circuits.

The Fine Print:

• Federal Arbitration Act § 1, 9 U.S.C. § 1: "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"
• Black's Law Dictionary (3d ed. 1933) defining "interstate commerce": "[t]raffic, intercourse, or the transportation of persons or property between or among the several states of the Union, or from or between points in one state and points in another state"

Primary Cases:

• Southwest Airlines Co. v. Saxon (2022): An airline cargo loader who never flew or crossed state lines still qualified as a transportation worker "engaged in interstate commerce" under FAA Section 1.
• The Daniel Ball, 10 Wall. 557 (1871): A steamer operating entirely within Michigan still "engaged in commerce between the States" because it transported goods destined for or arriving from other states — multiple intrastate actors can collectively form one interstate transaction.

Timestamps:

[00:00:00] Argument Preview

[00:01:02] Argument Begins

[00:01:08] Flowers Food Opening Statement

[00:03:21] Flowers Food Free for All Questions

[00:27:30] Flowers Food Round Robin Questions

[00:32:08] Brock Opening Statement

[00:34:35] Brock Free for All Questions

[01:05:32] Brock Round Robin Questions

[01:14:23] Flowers Food Rebuttal