Ask the Scholar
Page 1 of 1
I can add historical knowledge about this page.
Page image
OCR
Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Supreme Court (6)
Box: 52
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
133 Box 53 - JGR/Supreme Court (6) - Roberts, John G.: Files
SERIES I: Subject File
The New York Times
DATE: 1/16/84
PAGE:
27
Rehnquist Asks Limit to Automatic Appeals
By LINDA GREENHOUSE
Special to The New York Times
which parties in a lawsuit examine
WASHINGTON, Sept. Associate
each other's documents to discover the
contr
Justice William H. kehnquist of the Su-
facts in a case.
preme Court today proposed eliminat-
"Perhaps we should entirely abolish
tile
ing the absolute right to appeal cases
discovery in cases where the demand is
from the Federal trial courts as one
for a money judgment below a certain
way of reducing the cost of ordinary
dollar amount," he said, "or at least
civil lawsuits.
sharply limit it so that discovery must
Speaking at the University of Florida
be authorized by the court and granted
Law School in Gainesville, Justice
sult." only if deemed essential to a just re-
Rehnquist said the cost and delay in-
volved in trying even simple cases had
Justice Rehnquist said at least one
put courts out of reach for many peo-
factor in litigation costs was the legal
ple. He said law schools and law profes-
profession's "seeming compulsion to
sors had failed to devote adequate at-
make sure that the final result reached
in any case is the correct one."
tention to the problem of how to make
A Price to Pay
the legal system more accessible by
"Standing by itself, this concern is
making it simpler. The Supreme Court
obviously a meritorious one," he con-
made his speech available here.
tinued. "All of us would hope that the
"It is time the profession began talk-
result reached in a particular case was
ing seriously about how delay may be
drastically reduced in ordinary civil
litigation, and expense curtailed," Jus-
the correct one rather than the incor-
academic commentary on the use
tice Rehnquist said.
rect one. But what price are we willing
"Perhaps," he continued, "the time
to pay for this value in terms of law-
work, be said, "holds us up to a far
higher standard than any group of nine
has come to abolish appeal as a matter
yers' time, speedy disposition and
of right from the district courts to the
finality?" He said the result was "a
mortals can expect to attain."
system ideally suited to a lawsuit by
"If our opinions seem on occasion to
courts of appeals, and allow such re-
view only where it is granted in the dis-
General Motors against I.B.M., both of
be internally inconsistent, to contain a
which have the resources to afford the
logical fallacy, or to insufficiently dis-
cretion of a panel of the appellate
tinguish a prior case," he said, "I com-
court."
expense, and the stability to accommo-
date to the delay."
mend you to the view attributed to
Justice Rehnquist did not elaborate
The administration of justice is a
Chief Justice Hughes upon his retire-
"government monopoly," Justice
ment from our Court in 1941. He said
Rehnquist said. In offering a system
that he always tried to write his opin-
on his proposal, which would presum-
that most people cannot afford, he con-
ions logically and clearly, but if a Jus-
ably allow the United States Courts of
tinued, "it is very much as if the gov-
tice whose vote was necessary to make
Appeals to weed out frivolous cases
ernment were to announce a govern-
a majority Insisted that particular lan-
much as the Supreme Court itself
mental monopoly on the production of
guage be put in, in it went, and let the
refuses to hear most of the cases
law reviews figure out what it meant."
cars, and then proceed to produce only
brought to it. The 13 Federal circuit
Cadillac limousines with jump seats."
courts now receive about 30,000 appeals
Justice Rehnquist also gave the law
a year.
professors a wry defense of the Su-
While the Supreme Court itself was
preme Court and its product. Much
established by the Constitution, there
was no constitutional requirement for
intermediate appellate courts. Con-
gress did not set up the modern appeals
courts until 1891.
In his speech, Justice Rehnquist also
proposed placing limitations on the
often time-consuming process by
DOJ-1983-04
18
Supreme Count fite
BENCHMARK
AND
A Bimonthly Report
on the Constitution
and the Courts
Vol. I, No. 2
March-April 1984
FEATURED ARTICLES
Editor S Brief
A Lawyer Looks at
Rex Lee
William F Harvey
The Judicial Assault on
the Attorney-Client
Relationship: Thoughts
on the 1983 Amendments
to the Federal Rules of
Civil Procedure
Lino A. Graglia
The Brown Cases
Revisited: Where
Are They Now?
REPORTS & COMMENTARIES
Judiciary Committee Report
Review of the Reviews
Litigation Report
Book Reviews
Other Litigation of Interest
Pettifogger of the Month
Public Notices
$4.00
Page data
- Page
- 1
- Source index
- 0
- Type
- document
- Media ID
- 3990fbe1687fe054
- Size
- unknown
Document data
- ID
- 135839488
- Core
- doc
- Type
- document
DTO data
{
"id": "135839488",
"sourceUrl": "https://catalog.archives.gov/id/135839488",
"contentType": "document",
"title": "JGR/Supreme Court (6 of 7)",
"citationUrl": "https://catalog.archives.gov/id/135839488",
"identifierLocal": "485",
"collections": [
"Records of the Office of Counsel to the President (Reagan Administration)",
"John Roberts' Subject Files"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"imageCount": 1,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "135839488",
"label": "JGR/Supreme Court (6 of 7)",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/135839488"
}
Document source metadata
{
"id": "135839488",
"sourceUrl": "https://catalog.archives.gov/id/135839488",
"contentType": "document",
"title": "JGR/Supreme Court (6 of 7)",
"citationUrl": "https://catalog.archives.gov/id/135839488",
"identifierLocal": "485",
"collections": [
"Records of the Office of Counsel to the President (Reagan Administration)",
"John Roberts' Subject Files"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"imageCount": 1,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/135839488",
"naId": 135839488,
"coverageEndDate": {
"logicalDate": "1986-12-31",
"year": 1986
},
"coverageStartDate": {
"logicalDate": "1982-01-01",
"year": 1982
},
"levelOfDescription": "fileUnit",
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 1,
"pageIndex": 0,
"type": "document",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/reagan/6908381/40-485-6908381-052-006-2017.pdf",
"mediaId": "3990fbe1687fe054",
"ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: JGR/Supreme Court (6)\nBox: 52\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\n133 Box 53 - JGR/Supreme Court (6) - Roberts, John G.: Files\nSERIES I: Subject File\nThe New York Times\nDATE: 1/16/84\nPAGE:\n27\nRehnquist Asks Limit to Automatic Appeals\nBy LINDA GREENHOUSE\nSpecial to The New York Times\nwhich parties in a lawsuit examine\nWASHINGTON, Sept. Associate\neach other's documents to discover the\ncontr\nJustice William H. kehnquist of the Su-\nfacts in a case.\npreme Court today proposed eliminat-\n\"Perhaps we should entirely abolish\ntile\ning the absolute right to appeal cases\ndiscovery in cases where the demand is\nfrom the Federal trial courts as one\nfor a money judgment below a certain\nway of reducing the cost of ordinary\ndollar amount,\" he said, \"or at least\ncivil lawsuits.\nsharply limit it so that discovery must\nSpeaking at the University of Florida\nbe authorized by the court and granted\nLaw School in Gainesville, Justice\nsult.\" only if deemed essential to a just re-\nRehnquist said the cost and delay in-\nvolved in trying even simple cases had\nJustice Rehnquist said at least one\nput courts out of reach for many peo-\nfactor in litigation costs was the legal\nple. He said law schools and law profes-\nprofession's \"seeming compulsion to\nsors had failed to devote adequate at-\nmake sure that the final result reached\nin any case is the correct one.\"\ntention to the problem of how to make\nA Price to Pay\nthe legal system more accessible by\n\"Standing by itself, this concern is\nmaking it simpler. The Supreme Court\nobviously a meritorious one,\" he con-\nmade his speech available here.\ntinued. \"All of us would hope that the\n\"It is time the profession began talk-\nresult reached in a particular case was\ning seriously about how delay may be\ndrastically reduced in ordinary civil\nlitigation, and expense curtailed,\" Jus-\nthe correct one rather than the incor-\nacademic commentary on the use\ntice Rehnquist said.\nrect one. But what price are we willing\n\"Perhaps,\" he continued, \"the time\nto pay for this value in terms of law-\nwork, be said, \"holds us up to a far\nhigher standard than any group of nine\nhas come to abolish appeal as a matter\nyers' time, speedy disposition and\nof right from the district courts to the\nfinality?\" He said the result was \"a\nmortals can expect to attain.\"\nsystem ideally suited to a lawsuit by\n\"If our opinions seem on occasion to\ncourts of appeals, and allow such re-\nview only where it is granted in the dis-\nGeneral Motors against I.B.M., both of\nbe internally inconsistent, to contain a\nwhich have the resources to afford the\nlogical fallacy, or to insufficiently dis-\ncretion of a panel of the appellate\ntinguish a prior case,\" he said, \"I com-\ncourt.\"\nexpense, and the stability to accommo-\ndate to the delay.\"\nmend you to the view attributed to\nJustice Rehnquist did not elaborate\nThe administration of justice is a\nChief Justice Hughes upon his retire-\n\"government monopoly,\" Justice\nment from our Court in 1941. He said\nRehnquist said. In offering a system\nthat he always tried to write his opin-\non his proposal, which would presum-\nthat most people cannot afford, he con-\nions logically and clearly, but if a Jus-\nably allow the United States Courts of\ntinued, \"it is very much as if the gov-\ntice whose vote was necessary to make\nAppeals to weed out frivolous cases\nernment were to announce a govern-\na majority Insisted that particular lan-\nmuch as the Supreme Court itself\nmental monopoly on the production of\nguage be put in, in it went, and let the\nrefuses to hear most of the cases\nlaw reviews figure out what it meant.\"\ncars, and then proceed to produce only\nbrought to it. The 13 Federal circuit\nCadillac limousines with jump seats.\"\ncourts now receive about 30,000 appeals\nJustice Rehnquist also gave the law\na year.\nprofessors a wry defense of the Su-\nWhile the Supreme Court itself was\npreme Court and its product. Much\nestablished by the Constitution, there\nwas no constitutional requirement for\nintermediate appellate courts. Con-\ngress did not set up the modern appeals\ncourts until 1891.\nIn his speech, Justice Rehnquist also\nproposed placing limitations on the\noften time-consuming process by\nDOJ-1983-04\n18\nSupreme Count fite\nBENCHMARK\nAND\nA Bimonthly Report\non the Constitution\nand the Courts\nVol. I, No. 2\nMarch-April 1984\nFEATURED ARTICLES\nEditor S Brief\nA Lawyer Looks at\nRex Lee\nWilliam F Harvey\nThe Judicial Assault on\nthe Attorney-Client\nRelationship: Thoughts\non the 1983 Amendments\nto the Federal Rules of\nCivil Procedure\nLino A. Graglia\nThe Brown Cases\nRevisited: Where\nAre They Now?\nREPORTS & COMMENTARIES\nJudiciary Committee Report\nReview of the Reviews\nLitigation Report\nBook Reviews\nOther Litigation of Interest\nPettifogger of the Month\nPublic Notices\n$4.00"
}