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- Subject: 90-256 -- DISSENT, CHAMBERS v. NASCO, INC.
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- SUPREME COURT OF THE UNITED STATES
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-
- No. 90-256
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-
- G. RUSSELL CHAMBERS, PETITIONER v.
- NASCO, INC.
-
-
- on writ of certiorari to the united states court of appeals for the fifth
- circuit
-
- [June 6, 1991]
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-
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- Justice Scalia, dissenting.
-
- I agree with the Court that Article III courts, as an independent and
- coequal Branch of Government, derive from the Constitution itself, once
- they have been created and their jurisdiction established, the authority to
- do what courts have traditionally done in order to accomplish their
- assigned tasks. Some elements of that inherent authority are so essential
- to "[t]he judicial Power," U. S. Const., Art. III, MDRV 1, that they are
- indefeasible, among which is a court's ability to enter orders protecting
- the integrity of its proceedings.
-
-
- "Certain implied powers must necessarily result to our Courts of
- justice from the nature of their institution. . . . To fine for contempt
- -- imprison for contumacy -- inforce the observance of order, &c. are
- powers which cannot be dispensed with in a Court, because they are
- necessary to the exercise of all others: and so far our Courts no doubt
- possess powers not immediately derived from statute . . . ." United States
- v. Hudson, 7 Cranch 32, 34 (1812).
-
-
- I think some explanation might be useful regarding the "bad faith"
- limitation that the Court alludes to today, see ante, at 13. Since
- necessity does not depend upon a litigant's state of mind, the inherent
- sanctioning power must extend to situations involving less than bad faith.
- For example, a court has the power to dismiss when counsel fails to appear
- for trial, even if this is a consequence of negligence rather than bad
- faith.
-
-
- "The authority of a court to dismiss sua sponte for lack of prosecution has
- generally been considered an `inherent power,' governed not by rule or
- statute but by the control necessarily vested in courts to manage their own
- affairs so as to achieve the orderly and expeditious disposition of cases."
- Link v. Wabash R. Co., 370 U. S. 626, 630-631 (1962).
-
-
- However, a "bad-faith" limitation upon the particular sanction of
- attorney's fees derives from our jurisprudence regarding the so-called
- American Rule, which provides that the prevailing party must bear his own
- attorney's fees, and cannot have them assessed against the loser. See
- Alyeska Pipeline Service Co. v. Wilderness Society, 421 U. S. 240, 247
- (1975). That rule, "deeply rooted in our history and in congressional
- policy," id., at 271, prevents a court (without statutory authorization)
- from engaging in what might be termed substantive fee-shifting, that is,
- fee-shifting as part of the merits award. It does not in principle bar
- fee-shifting as a sanction for procedural abuse, see id., at 258-259. We
- have held, however -- in my view as a means of preventing erosion or
- evasion of the American Rule -- that even fee-shifting as a sanction can
- only be imposed for litigation conduct characterized by bad faith. See
- Roadway Express, Inc. v. Piper, 447 U. S. 752, 766 (1980). But that in no
- way means that all sanctions imposed under the courts' inherent authority
- require a finding of bad faith. They do not. See Redfield v. Ystalyfera
- Iron Co., 110 U. S. 174, 176 (1884) (dismissal appropriate for unexcused
- delay in prosecution); cf. Link, supra.
-
- Just as Congress may to some degree specify the manner in which the
- inherent or constitutionally assigned powers of the President will be
- exercised, so long as the effectiveness of those powers is not impaired,
- cf. Myers v. United States, 272 U. S. 52, 128 (1926), so also Congress may
- prescribe the means by which the courts may protect the integrity of their
- proceedings. A court must use the prescribed means unless for some reason
- they are inadequate. In the present case they undoubtedly were. Justice
- Kennedy concedes that some of the impairments of the District Court's
- proceedings in the present case were not sanctionable under the Federal
- Rules. I have no doubt of a court's authority to go beyond the Rules in
- such circumstances. And I agree with the Court that an overall sanction
- resting at least in substantial portion upon the court's inherent power
- need not be broken down into its component parts, with the actions
- sustainable under the Rules separately computed. I do not read the Rules
- at issue here to require that, and it is unreasonable to import such
- needless complication by implication.
-
- I disagree, however, with the Court's statement that a court's inherent
- power reaches conduct "beyond the court's confines" that does not "
- `interfer[e] with the conduct of trial,' " ante, at 10 (quoting Young v.
- United States ex rel. Vuitton et Fils S. A., 481 U. S. 787, 798 (1987)).
- See id., at 819-822 (Scalia, J., concurring in judgment); Bank of Nova
- Scotia v. United States, 487 U. S. 250, 264 (1988) (Scalia, J.,
- concurring). I emphatically agree with Justice Kennedy, therefore, that
- the District Court here had no power to impose any sanctions for
- petitioner's flagrant, bad-faith breach of contract; and I agree with him
- that it appears to have done so. For that reason, I dissent.
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