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- <text id=91TT1016>
- <title>
- May 13, 1991: American Notes:Justice
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- May 13, 1991 Crack Kids
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 27
- American Notes
- JUSTICE
- Paupers Need Not Apply
- </hdr><body>
- <p> 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.
- </p>
- <p> 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.
- </p>
- <p> 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."
- </p>
-
- </body></article>
- </text>
-
-