Isn't what the Supreme Court has done here in the face of contravening that express legislation engaging in, as Professor Burbank says, 'judicial lawmaking'?
Editor's note · Context
Specter questions the Supreme Court's actions regarding civil rules and legislation.
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The Congress, under separation of powers, has the authority to find the facts, and then there is need only for a rational relationship between what Congress finds factually and the legislation which Congress enacts.
I believe that if the Court were televised, there would be an understanding and an accountability.
The Court is very ideologically driven at the moment, and I think the public needs to understand that.
last year I introduced the Notice Pleading Restoration Act of 2009, H.R. 1504. As I explained in my accompanying floor statement, my objective was to restore the pleading standard that had governed federal civil practice if not since the…





