I was duly impressed with the statement and position of my chairman, but I find it hard to believe it is on this bill because this bill is not a bill that should be passed. This bill is an affront to the judges of this country, to the Judicial Conference, and to the American Bar Association. The American Bar Association, a conservative organization, has come out against it. The Judicial Conference, made up of predominantly appellate judges, headed by Chief Justice Roberts--mostly of Republican-appointed judges--came out against it because it is not necessary. It will clog the courts with unnecessary litigation, cost money, and make it more difficult to get your cases disposed of. It is just unnecessary. Indeed, it would amend rule 11, but in such a way that it could have a serious deleterious effect on civil rights claims as well as to increase the volume and cost of litigation. If this House were a court and not a legislative body, rule 11 sanctions could apply here. These concerns are not hypothetical. They are based on actual experience. From 1983 to 1993, there was a version of rule 11 that this law would reinstate. So all you have to do and all any legislative body ought to do is go back and look at what happened in history. These rules were in effect from 1983 to 1993, taking a judge's discretion away. Judges can order sanctions.…
On the recordSeptember 17, 2015
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