Gorsuch v. Pareto

A Minor Change in U.S. Courts Can Save the Republic

I rarely write articles in the first person. Yet, this article cries for it. The subject matter is too important and author bias unavoidable. The Supreme Court will decide on January 9 whether my case, Dkt. 25-600, will move forward to be heard.

With due respect to all other Supreme Court justices, I selected Justice Neil Gorsuch to go up against Pareto efficiency in this article’s title because I find his decisions and opinions to be refreshing. Everyone has to have a favorite, right?

Pareto efficiency, named after economist Wilfredo Pareto, occurs when no change to any input can make a system more efficient. The Pareto efficient system is tuned to its optimal efficiency.

The important factor is the economic objective to which Pareto efficiency is applied. In my article, Habitual Dismissals of Meritorious Cases are Tearing America Apart, I proved empirically that 2020 brought far more civil cases than the U.S. Court system could handle (~180,000 extra cases). See Figure 1 below. The only possible conclusion is that most of those cases were dismissed in violation of the Constitutional rights of the plaintiffs. The case citation rates in the article further verify such a conclusion. See Figure 2 below. Thus, the objective to which Pareto efficiency manifested in U.S. courts is “dismissals of meritorious cases,” not justice and equity, which is the mission of the courts. In fact, the Pareto efficient dismissal doctrine now employed by U.S. courts razes and consumes justice and equity.

Civil procedure is a beast, out-of-control and ravaging the rights of The People to access the courts for dispute resolution. Disputes wrongly dismissed result in continued abuse of plaintiffs, else the dispute is resolved in the streets.

I hope to publish a book in 2027 or 2028, furthering the analyses in my Petition for Writ of Certiorari and the “Habitual Dismissals …” paper, with chapters analyzing over-consolidation, unwarranted protective orders, video conference court, rational basis, and other procedural injustices.

I know of no other analysis that empirically proves that the U.S. Courts are far astray from their mission of justice and equity. If Justice Gorsuch or any other Supreme Court Justice views the graphs in Figures 1 & 2 below, republished in this article, then they may understand the vital importance of fixing the U.S. courts.

The quotes and citations in my Petition for Writ clearly indicate that the Justices know that “failure to state a claim” and other dismissal doctrines significantly thwart justice. Civil unrest is getting worse in the United States as the courts reject cases on rules of procedure, evidence, and summary judgment.

Though I seek a small, reasonable, and incremental change, the change would impact the operations of the courts to realign their Pareto efficiency objective toward justice and equity for The People, rather than dismissals for errant and purported judicial economy. I fear that no attorney will bring such an analysis or solution in the balance of my lifetime and that the United States will continue to degrade deeper into the chasm of civil unrest. The republic may even fracture because The People lack access to dispute resolution in the courts.

My Petition is supported by no Amicus briefs. I am in a pro se posture, usually not taken seriously by the Court in civil cases. And the Court frowns upon changes to mandatory authority. Id est, my chances to be heard are very low, despite being the only one to bring such important analyses and potential solutions.

Judges and attorneys know there is a major issue with “standing,” “failure to state a claim,” and other dismissal doctrine such as qualified immunity, mootness, ripeness, and others. They will not step forward to challenge the known issue. They get paid regardless of the issue. Judges avoid trials. Attorneys avoid trials. Bullying and coercion in mediation and settlement are now the norm, not fair trials before juries of peers.

If not my case, then which case will be brought to fix the system? If not now, then when?

By their own written words, Circuit Judge Janice Rogers Brown, the late Ruth Bader Ginsburg, and Supreme Court Justices Samuel Alito and Neil Gorsuch agree that dismissal doctrines are abused by the lower courts.

Without correction soon, the Roberts’ Court from Twiqbal 2007 and 2009 will be known for causing the fracture of the republic due to lack of access to the courts.

---

To Justice Gorsuch and other Justices,

The People need you now more than ever to fix what was so obviously broken in 2007 and 2009. Twiqbal were two of the most significant mistakes in the history of U.S. jurisprudence. The decisions per se were not mistakes, and were both correct. The mistakes were in the allowance of broad application that ensued thereafter. The twin beasts need to be brought under control and narrowly tailored. Please help us. The People need a win for our rights after the Covid era decimated them. Regardless of an ultimate decision, just hearing a pro se petitioner on this matter of procedural dismissals will go a long way to show The People the Court is of The People and the Constitution. Let the U.S. Court system begin healing.

God Bless you all

John 14:6 TRUTH

Figure 1

---

Figure 2