Supreme Court rules discriminate against pro se litigants

Published August 29, 2020 2:17pm ET



The Supreme Court of the United States is practicing a very disturbing form of systemic discrimination against pro se or unrepresented litigants that needs to be corrected. The court, charged with the responsibility of ensuring that the rules and laws of the country are fair and legal, forbids unrepresented litigants from participating in the oral argument process.

Rule 28(8) of the Supreme Court dictates that “oral arguments may be presented only by members of the Bar of this Court.” This is a blatantly discriminatory rule against unrepresented litigants who should have the same right to participate in the oral argument process as represented litigants do. I believe that this rule arbitrarily violates the Fourteenth Amendment’s promise of “equal protection of the laws” to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”

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