Payton Calls on Congress to Restore Americans’ Access to the Courts

John Payton, president and director-counsel of the NAACP Legal Defense and Educational Fund (LDF), testified before the Senate Judiciary Committee last week on a recent U.S. Supreme Court decision that will limit Americans’ access to courts.

In Ashcroft v. Iqbal, the Court ruled 5-4 that plaintiffs must come to court with “plausible” evidence of a defendant’s liability in order to prevent their claims from being dismissed. The decision expands on the pleading standard set for anti-trust litigation in a 2007 case, Bell Atlantic Corp. v. Twombly, and applies to all civil pleadings.

Payton testified that Iqbal altered longstanding legal precedent and will have a particularly negative effect on civil rights cases.  That’s because defendants typically have most of the relevant information that plaintiffs with civil rights claims need to demonstrate “plausible” evidence of the defendant’s liability.

Legislation to reinstate the previous precedent has been introduced in the House and the Senate and is likely to be considered in 2010. Civil rights groups, including The Leadership Conference, NAACP LDF, and the National Senior Citizens Law Center, are calling for Congress to pass the legislation and restore Americans’ access to courts. 

Payton said that if Iqbal stands, people won’t be able to enforce their civil rights through the courts. “One of the critical elements of our system of justice is its open access,” he said. “If that access is curtailed, the power of victims of discrimination to redress wrongdoing is also curtailed.”