Howard Berman: “What he is doing is creating an entire new rule out of whole cloth without ever going to the Rules Enabling Act, the…”

“What he is doing is creating an entire new rule out of whole cloth without ever going to the Rules Enabling Act, the procedure through which we devise new rules. He is saying that after complaint is filed, the defendant has 30 days to answer, there is discovery proceedings, and before a summary judgment, there would be this frivolous motion that would be permitted to be entertained. This moves right out of nowhere and has the Congress intrude upon a 50-year procedure that has been working relatively well. I would urge great caution in the Congress now moving directly to the rules-making capacity as opposed to going through a system that has been carefully provided over the years in terms of how these rules come into being.”