In re Anderson, 511 U.S. 364, 3 (1994) (per curiam)

Page:   Index   Previous  1  2  3  4  Next

366

IN RE ANDERSON

Stevens, J., dissenting

traordinary relief, since such petitions are not subject to any time limitations and, theoretically, could be filed at any time without limitation. In order to prevent frivolous petitions for extraordinary relief from unsettling the fair administration of justice, the Court has a duty to deny in forma pauperis status to those individuals who have abused the system." 498 U. S., at 179-180 (citation omitted).

So long as petitioner qualifies under this Court's Rule 39 and does not similarly abuse the privilege, he remains free to file in forma pauperis requests for relief other than an extraordinary writ. See id., at 180. In the meantime, however, today's order "will allow this Court to devote its limited resources to the claims of petitioners who have not abused our process." In re Sassower, 510 U. S. 4, 6 (1993).

It is so ordered.

Justice Stevens, with whom Justice Blackmun joins, dissenting.

During my years of service on the Court, I have not detected any threat to the integrity of its processes, or its ability to administer justice fairly, caused by frivolous petitions, whether filed by paupers or by affluent litigants. Three years ago I expressed the opinion that the cost of administering sanctions such as that imposed on this petitioner would exceed any perceptible administrative benefit. In re Amendment to Rule 39, 500 U. S. 13, 15 (1991). Any minimal savings in time or photocopying costs, it seemed to me, did not justify the damage that occasional orders denying in forma pauperis status would cause to "the symbolic interest in preserving equal access to the Court for both the rich and the poor." Ibid. Three years' experience under this Court's Rule 39.8 leaves me convinced that the dissenters in the cases the Court cites had it right. See In re Demos, 500 U. S. 16, 17-19 (1991); In re Sindram, 498 U. S. 177, 180-183

Page:   Index   Previous  1  2  3  4  Next

Last modified: October 4, 2007