Opinion

Theodis Brown v. Herald Co., Inc., Etc

  • 464 U.S. 928
  • 52 U.S.L.W. 3338
  • 104 S. Ct. 331
  • 78 L. Ed. 2d 303
  • 1983 U.S. LEXIS 2065
Court
Supreme Court of the United States
Filed
Oct 31, 1983
Status
Published
Author
Stevens
On the bench
Brennan, Stevens, Marshall, Blackmun
Cited by
290 cases

The opinion

Justice Stevens,

dissenting.

Although I agree with Justice Brennan that we should simply deny unmeritorious certiorari petitions without scrutinizing the petitioner’s right to proceed informa pauperis, I would not grant any such petition without making sure that the petitioner is unable to pay the required costs. If such examination disclosed the kind of disrespect for our rules that has motivated the Court’s unusual action in these cases, I would deny the petition even if it would otherwise have merited review. That would remove any incentive a petitioner might otherwise have to seek in forma pauperis status although ineligible for such status, without requiring the Court to assume the burden of examining every motion for leave to proceed in forma pauperis. In borderline cases the petitioner should, of course, be given an opportunity to pay the required costs before final action is taken on his application. I see no purpose, however, in insisting that these petitioners — none of whom is represented by counsel who could advise them that their petitions stand no chance of being granted — pay a fee for the privilege of having their petitions denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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