The United States District Courts adopted the Federal Rules of Civil Procedure (FRCP) in 1938. Drafted in reference to the types of cases most common at the time, these rules were designed to regulate pre-trial pleading and discovery practices. In doing so, they presented three pre-trial mechanisms for undermining a plaintiff’s complaint, one of which is a motion to dismiss—Rule 12(b)(6).
President Trump’s national emergency to build the wall isn’t the only wall we’re alarmed about these days. While the rest of the world accelerates toward innovation and increasing levels of openness, transparency, and access to information, the federal judiciary’s electronic records system is hidden behind a paywall. And it’s an exorbitant one at that.