NY Times Editorial: Restoring Access to the Courts

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I saw this editorial in today’s New York Times. The editorial explains a recent Supreme Court decision, Ashcroft v. Iqbal, that raised the bar for plaintiffs and has made it more difficult for people to have their day in court. The decision heightened the requirement from “notice pleadings” (which the Rule 8 of the Rules of Federal Procedure has had since the Rules were first promulgated) to a standard under which judges must assess the “plausibility” of the facts of an allegation before allowing the plaintiff to begin collecting evidence. Legislation has already been introduced in the House to resolve the problem and open up the courthouse doors to the American people.

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