Schwarz v. National Security Agency
Headline: Court denies a serial filer’s free-access request, calls her petitions frivolous, allows a fee-and-compliance deadline, and bars future noncriminal Supreme Court filings unless fees are paid and petitions comply
Holding:
- Blocks this litigant’s noncriminal appeals unless she pays the docketing fee and files correctly.
- Allows the Court to screen out repeated frivolous petitions and save resources.
- Does not block criminal appeals or nonfrivolous extraordinary-writ petitions from her.
Summary
Background
A pro se litigant named Schwarz has repeatedly filed petitions asking the Court to hear her cases. The opinion states she previously filed 29 petitions that were found patently frivolous and denied, and that on December 14, 1998 the Court invoked Rule 39.8 to deny in forma pauperis status for four petitions. The current filings are described as her 34th and 35th frivolous petitions.
Reasoning
The Court treated Schwarz’s repeated filings as an abuse of the certiorari process and, relying on the reasons set out in a prior decision, barred prospective noncriminal filings from her unless she follows the Court’s rules. The Court denied her request to proceed without paying fees as frivolous, gave her until March 29, 1999 to pay the docketing fee and submit petitions that comply with Rule 33.1, and directed the Clerk not to accept further noncriminal petitions from her unless those conditions are met.
Real world impact
Practically, the order stops this individual from filing new noncriminal appeals at the Court unless she pays required fees and files properly. The Court said the sanction is limited to noncriminal matters, so it does not prevent her from seeking review of criminal sanctions or from filing nonfrivolous extraordinary-writ petitions. The Court emphasized conserving its limited resources by preventing repeated frivolous filings.
Dissents or concurrances
Justice Stevens filed a brief dissent, stating he respectfully disagrees for reasons he previously explained in Martin v. District of Columbia Court of Appeals and related cases.
Opinions in this case:
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