Investigating Ashcroft v Iqbal Court Decision and Access to Justice

October 27, 2009

Rep. Jerrold Nadler, Chairman of the House Constitution, Civil Rights and Civil Liberties Subcommittee held a hearing that explored the Supreme Court's May 18th decision in Ashcroft v. Iqbal to dismiss the case, and the dramatic impact that decision has had on civil rights and civil litigation.

Some have described that ruling as the Court's most consequential decision of the last term, reflecting a remarkable departure from long established pleading standards.

With a new, more stringent standard now in place, over 2,000 federal civil actions have cited Iqbal and were, likely as a result, thrown out, effectively denying those claimants access to justice in the federal courts.

Congressman Nadler's opening statement addressed concerns surrounding the Ashcroft v. Iqbal ruling and access to justice by plaintiffs.

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