home *** CD-ROM | disk | FTP | other *** search
- NATION, Page 27American NotesJUSTICEPaupers Need Not Apply
-
-
-
- Should the poor be barred from seeking justice in the nation's
- highest court? No fair-minded American would support that idea,
- yet the U.S. Supreme Court last week handed down two rulings
- that will make it more difficult for impoverished litigants to
- petition that body.
-
- The first decision involved John Robert Demos Jr., a
- convicted rapist serving a life term. Taking advantage of a rule
- that waived the $300 filing fee for paupers, Demos had sent 32
- repetitive petitions to the court. The justices voted 6 to 3 to
- blacklist Demos, making future free appeals harder. In a second
- order, the court amended its rules to restrict "frivolous or
- malicious" petitions by the poor, who file more than 60% of the
- court's cases.
-
- In a bitter dissent, Justice Thurgood Marshall pointed out
- that there was no comparable rule against frivolous appeals by
- fee-paying litigants. Wrote Marshall: "This court once had a
- great tradition: `All men and women are entitled to their day
- in court.' That guarantee has now been conditioned on monetary
- worth."
-
-
-
-
-
-