A Constitutional Crisis When the U.S. Supreme Court Acts in a Legislative Manner? An Essay Offering a Perspective on Judicial Activism in Federal Indian Law and Federal Civil Procedure Pleading Standards
Penn State Law Review Penn Statim, Vol. 114, No. 41, 2010
10 Pages Posted: 15 Jul 2010
Date Written: July 14, 2010
This essay will examine the U.S. Supreme Court’s judicial activism in relation to federal Indian law as a beginning point to discuss the recent introduction of the “plausibility” requirement in federal pleading sufficiency determinations. By examining the decisional law in the field of federal Indian law, the claimed power by the Court to redefine the legal status of Tribal Nations will become apparent. Next, the consequences of the U.S. Supreme Court’s unfettered ability to reshape law and limit access to the federal courts will be discussed. Finally, the essay will offer some conclusions on the constitutional crisis presented by the Court’s lack of judicial restraint in the legislative and political arenas.
Keywords: Judicial, Civil Procedure, Federal Indian Law, U.S. Constitutional Law
JEL Classification: Z10
Suggested Citation: Suggested Citation