05/21/2018
https://www.congress.gov...
"I am concerned that the Court's decisions in Twombly and Iqbal may contribute to the phenomenon of vanishing trials..."
"I commend the Committee for recognizing the serious potential for damage posed by these decisions."
"In my view, it should not be those usual victims of 'procedural' reform..."
"I conclude, in any event, that the defects of process, institutional competence, and democratic accountability underlying the Court's decisions are sufficiently serious..."