What To Expect On Key Civil Procedure Issues From Barrett

Law360 (September 28, 2020, 6:33 PM EDT) -- When the U.S. Senate questions Judge Amy Coney Barrett during the U.S. Supreme Court confirmation process, it will not be surprising, of course, if the lawmakers ask her about such hot-button issues as reproductive rights, health care, freedom of religion and judicial philosophy. However, I am dreaming of the questions no one will ask Judge Barrett on the large number and vitally important procedural issues that frequently come before our high court.

Just imagine the fun: A nerdy senator addresses Judge Barrett and asks:

"Should a federal court under Erie utilize state anti-strategic lawsuits against public participation, or anti-SLAPP, statutes?"...

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