U.S. Rep. Rick Boucher (D-VA) has sent a letter to House Judiciary Chairman John Conyers urging him not to schedule any committee consideration of H.R. 4115, the Open Access to Courts Act. The Congressman writes:
The measure overturns two recent U.S. Supreme Court decisions, Ashcroft v. Iqbal (2009) and Bell Atlantic Corp. v. Twombly (2007), which clarify standards for the sufficiency of pleading in civil cases. I am concerned that the legislation would produce a dramatic change in pleading standards to the detriment of the federal court system. Rather than reverting to pre-Iqbal and Twombly standards, as proponents of the bill claim, H.R. 4115 would raise substantially the government standards for motions to dismiss. In doing so the measure ignores the years of precedent affirmed by the two Supreme Court decisions which struck a fair balance between the rights of plaintiffs and the need to prevent frivolous lawsuits.
Boucher also emphasizes the effect of excessive filings on the limited resources of the federal courts.
Earlier posts on pleadings.