Alicja Z. Herriott v. Paul Barrett Herriott
DueProcess JusticiabilityDoctri
Whether the California Vexatious Litigant Statutory Law violates the due process rights of pro se litigants by denying them access to the courts
QUESTIONS PRESENTED In Be & K Constr. Co. v. NLRB (2002) 536 U.S. 516, 58, this Court held, that “The First Amendment provides, in relevant part, that “Congress shall make no law... abridging. .. the right of the people . . . to petition the Government for a redress of grievances.” We have recognized this right to petition as one of “the most precious of the liberties safeguarded by the Bill of Rights,” Mine Workers v. Illinois Bar Assn., 389 U. S. 217, 222 (1967), and have explained that the right is implied by “the very idea of a government, republican in form,” United States v. Cruikshank, 92 U. S. 542, 552 (1876). ... We based our interpretation in part on the principle that we would not “lightly impute to Congress an intent to invade ... freedoms” protected by the Bill of Rights, such as the right to petition. Id., at 138.” This Court recognizes that access to Court to all litigants is a fundamental right protected by the First and Fourteenth Amendments. California Statutory Law of Vexatious Litigants violates due process of In Pro Per litigants. 16A C.J.S. Constitutional Law § 719. ee ii