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This. Real judicial reform could be kick-started with a reasonable “loser pays” structure for frivolous civil suits.

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Yesterday President Trump issued a memorandum directing the AG to aggressively move for sanctions against attorneys representing parties adverse to the U.S. in (supposedly) frivolous litigation. Many, including the @nytimes, decry this as chilling the pursuit of justice. However, the legal system - especially the courts - are decreasingly serving society’s needs and increasingly serving its own. Our courts are clogged with bullshit lawsuits that act as a financial tax on Americans (built into everything). Why? Because plaintiffs are seldom liable for defendants’ costs. Even when plaintiffs can be held liable for costs, it requires defendants to effectively extend massive interest-free loans to plaintiffs. SLAPP suits are a prime example of this. It takes hundreds of thousands of dollars to get a dismissal. Then a judge determines what portion of the defendant’s legal spend was “reasonable”. The only winners have been the legal profession. Quinn Emanuel, which is a litigation-only firm, in 2023 generated profits per partner of $7.3 million!!! Law historically paid less than finance, but was supposed to be steady employment. Law appears to be at parity now. Unfortunately the judiciary has done nothing to curb all the meritless litigation in the system. After all, judges come from the pool of practicing lawyers. The judiciary must become much more aggressive in sanctioning plaintiffs for bullshit lawsuits. I can only hope the Trump memorandum is a wake-up call to the bench to do just that. Memorandum: https://t.co/9K2ILdAP3k

muddywatersre ↗
Library as of 2026-11-02