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135839488
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JGR/Supreme Court (6 of 7)
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135839488
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JGR/Supreme Court (6 of 7)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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1986-12-31
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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