Whether children must retain an attorney to pursue claims in federal court, or whether their parents may instead litigate pro se on their behalf

Since the Judiciary Act of 1789, all natural persons suing in federal court have held the right to conduct their cases “personally,” i.e., pro se . 28 U.S.C. §1654. Nothing in the statutory text limits that right to those who are at least 18 years old. And, under Federal Rule of Civil Procedure 17 and this Court’s precedents, parents have the authority to initiate litigation on behalf of th eir minor children and to exercise their children’s procedural rights during such litigation. Nevertheless, the Ninth Circuit has adopted a judge-made rule that parents may not conduct pro se litigation on behalf of their children. This puts indigent children in a Catch-22: Sue with counsel, or do not sue at all. I t a l s o c o n f l i c t s w i t h decisions from other courts of appeals that have refused to bar the courthouse doors to minors whose parents cannot afford adequate representation. The question presented is: Whether children must retain an attorney to pursue claims in federal court, or whether their parents may instead litigate pro se on their behalf.