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Improving Our Judicial System: Bell Atlantic Corp. v. Twombly June 28, 2007
Two recent Supreme Court decisions regarding access to the justice system highlight the importance and relevance of restoring reasonableness to the law. Only one of the rulings makes sense. In the first case, Bell Atlantic Corp. v. Twombly, the Supreme Court directed judges to dismiss a claim if it is not "plausible on its face," thus repudiating a 1957 ruling which had opened the floodgates to abusive litigation by instructing judges to almost never dismiss a lawsuit. Makes sense. In the second case, Bowles v. Russell, the Court overruled a 1962 decision allowing judges to make exceptions to legal procedure in cases of "unique circumstances." In so deciding, the Court dismissed an appeal of a murder conviction for being two days late, despite the fact that the tardiness was due to a mistake by the district court. No sense there.
Indeed, the distinction between the two cases underscores Common Good's goal of empowering judges to make decisions about what is reasonable, compared to tort reformers who propose simply limiting access to the courts. As Common Good Chair Philip K. Howard stated recently in the Huffington Post, "What's missing in the legal reform debate is a coherent idea of how justice is supposed to work. People injured by mistakes, we can all agree, should have access to efficient justice. Baseless or excessive claims, we can also agree, should be dismissed early – otherwise justice becomes a weapon for extortion."
Though both Supreme Court decisions resulted in the dismissal of cases, only one has the potential to improve our judicial system. In Twombly, the Court rightfully instructed judges to exercise judgment about whether a claim is plausible. In Bowles, however, the Court boxed judges into a corner, insisting they rigidly adhere to the letter of the law, regardless of how outrageous the outcome.
We must trust our judges to make judgments, not only to reject patently implausible claims, but also to allow claims where logic and fairness dictate an exception to the rule. That’s just common sense.
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