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Zatko v. California

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Zatko v. California
Decided November 4, 1991
Full case nameZatko v. California
Citations502 U.S. 16 (more)
Holding
A repeat petitioner who regularly files frivolous claims using Supreme Court's in forma pauperis filing fee exception must pay full price to apply for a writ of certiorari.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinions
Per curiam
DissentStevens, joined by Blackmun
Laws applied
Rules of the Supreme Court 39

Zatko v. California, 502 U.S. 16 (1991), was a United States Supreme Court case in which the Court held that a repeat petitioner who regularly files frivolous claims using the Supreme Court's in forma pauperis filing fee exception must pay full price to apply for a writ of certiorari.[1][2]

Description

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Applying for a writ of certiorari from the United States Supreme Court costs $300. However, in the interest of access, a petitioner may attest that they are too poor to afford the fee, and it will be waived.[2] Soon before Zatko, and over the dissent of three justices, the Court updated its rules to give them more control over this process.[1] In this case, for the first time in its history, the Supreme Court denied such a request because the two petitioners had filed many cases the justices deemed frivolous.[2]

In dissent, Stevens noted that the court routinely denied applications from indigent petitioners without any analysis of the frivolity of their claims, even after the rule change. He thought that singling out these petitioners because they filed many claims was bad policy: "Although the Court may have intended to send a message about the need for the orderly administration of justice and respect for the judicial process, the message that it actually conveys is that the Court does not have an overriding concern about equal access to justice for both the rich and the poor."[1]

See also

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References

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  1. ^ a b c Zatko v. California, 502 U.S. 16 (1991).
  2. ^ a b c Lieberman, Jethro K. (1999). "In Forma Pauperis petitions". A Practical Companion to the Constitution. pp. 242–43.
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