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Arlen Specter

July 24, 2009
Senator Introduces Bill To Address High Court Decisions on Civil Lawsuits
Recent Supreme Court decisions that have altered procedure for filing civil lawsuits have prompted congressional action. The BLT reports that Sen. Arlen Specter has introduced the Notice Pleading Restoration Act of 2009 to counter the high court's decisions in Bell Atlantic Corp. v. Twombly (pdf) and Ashcroft v. Iqbal (pdf). In Iqbal, the high court ruled that federal judges have greater discretion to dismiss complaints, which according to some Supreme Court practitioners will make it easier for judges to quickly toss civil lawsuits out of court. Stephen B. Burbank, a University of Pennsylvania Law School professor, told The New York Times that the Iqbal decision amounts to a "blank check for federal judges to get rid of cases they disfavor."
Specter's legislation is aimed at requiring the federal courts to follow traditional civil procedure rules for filing lawsuits. Rule 8 of the Federal Rules of Civil Procedure simply requires that complaints include "a short and plain statement of the claim showing that the pleader is entitled to relief." As noted by The BLT, Iqbal now requires plaintiffs to produce more facts, and allows judges greater ability to dismiss them. Writing for the Iqbal majority, Justice Anthony Kennedy said that a court must "draw on its judicial experience and common sense" in deciding whether a complaint is plausible.

Specter said, "The effect of the Court's actions will no doubt be to deny many plaintiffs with meritorious claims access to the federal courts and, with it, any legal redress for their injuries," The BLT reported.

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Access to Justice, Procedural barriers to court, Arlen Specter, Ashcroft v. Iqbal, Civil Procedure, Federal Rules of Civil Procedure
May 18, 2009
CapHill Round-Up: 5/18/09

Next week's recess is prompting a flurry of action on the Hill today. One issue not anticipated to go anywhere soon, though, is the closure of the Guantanamo Bay detention facility, which has been stalled by legislators leary of allocating funds that would pay for relocation of detainees.

IN the HOUSE

In other detainee news, Speaker Nancy Pelosi (D-Calif.) added fuel to the torture accountability debate by renewing her call for Truth Commissions to invesitgate the issue. While questions linger about whether there is sufficient political traction for Truth Commissions, Pelosi's strong stance on the issue may ease the Speaker's burden to explain what she knew and when as torture policies were being formulated and implemented by the Bush administration.

The House Energy and Commerce Committee is expected to move forward on climate change bill. But, if it happens, it will be over challenges from those opposed to addressing the challenge.

And anyone suffering from campaign withdrawal can enjoy The Fix's first look at vulnerable House seats in the 2010 elections.

IN the SENATE

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Access to Justice, Economic inequality, Environmental protection, Supreme Court, Rights of detainees, LGBT issues, Reproductive freedom, Democracy and Voting, Economic, Workplace and Environment Regulation, Equality and Liberty, Separation of Powers and Federalism, Arlen Specter, Capitol Hill, EFCA, Guantanamo, Nancy Pelosi, Torture, Truth Commission
May 5, 2009
Sessions Takes Senior Post on Judiciary Committee
Sen. Jeff Sessions (R-Ala.), pictured at right, is replacing Sen. Arlen Specter (D-Pa.) as the minority party's leader in the Senate Judiciary Committee.

According to The Los Angeles Times:

Sessions, 62, couldn't be more different from Specter, as far as Republicans go. The latter is a moderate from Philadelphia who favors abortion rights and gun control. Sessions hails from the Bible Belt and has worked as a Sunday school teacher. He's known for his hard-line stance on immigration, having virulently opposed the massive reform bill that failed to pass the Senate two years ago.

The AP reports:

McConnell's Republicans are turning to a conservative Southerner as their point man on Obama's nominee, signaling that they won't shy away from a protracted fight despite risks of being cast as obstructionist.

Sen. Jeff Sessions' ascension as the top Republican on the Senate Judiciary Committee comes more than 20 years after the panel rejected him for his own federal judgeship during the Reagan administration over concerns that he was hostile toward civil rights and was racially insensitive.

And The Guardian published a piece subtitled "Jeff Sessions's New Role on the Senate Judiciary Committee Brings His Hostility to Civil Rights Laws to Light," offering this:
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Democracy and Voting, Arlen Specter, Capitol Hill, Jeff Sessions, Judiciary Committee
May 4, 2009
CapHill Round-Up: 5/4/09

With the five-year anniversary having just passed since 60 Minutes aired photos of detainee abuse at Abu Ghraib, some are still wringing their hands about what to do with those who tortured in the name of America. Other observers, however, have argued that the rule of law requires one result: investigation and prosecution of any torture supported by credible evidence.

Congress may have other priorities, though, such as healthcare reform. Headlines on Swine Flu, or H1N1, coincided with the confirmation of former-Gov. Kathleen Sebelius (D-Kan.) for Human Health and Services Secretary. Last week also saw the passage of President Obama's budget with language permitting for "reconciliation" on healthcare legislation. With these developments, some see the prospect for healthcare reform brighter than ever.

IN the HOUSE

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Election law, Executive power, Environmental protection, Supreme Court, LGBT issues, Democracy and Voting, Economic, Workplace and Environment Regulation, Equality and Liberty, Separation of Powers and Federalism, Al Franken, Arlen Specter, Capitol Hill, Charles Grassley, Climate Change, Hate Crimes, Healthcare Reform, Jeff Sessions, Justice David Souter, Kathleen Sebelius, NSA Wiretapping, Torture

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