Chief Justice Calls Growth in Litigation ‘Remarkable’

Say what you will, the 20th century has been a good one for litigation.

In 1999, 320,194 cases were filed in federal district courts, a 23-fold increase over the year 1900 when 13,605 cases were filed, Chief Justice William H. Rehnquist said in his year-end report on the judiciary.

In addition, another 1.3 million federal bankruptcy petitions were filed.

And this century, “I hasten to point out, has another year to run. Just ask the makers of ‘2001: A Space Odyssey,’ ” Rehnquist added.

The growth in federal litigation has been “remarkable” and not altogether welcome, the chief justice said. Once again, he faulted Congress for the “unnecessary federalization of traditional state law matters.”

In the area of crime, for example, Congress has made federal crimes out of conduct that is already illegal in the states, such as dealing drugs and carjackings.

Without pointing to specific instances, the chief justice said that lawmakers should resist the temptation to create “essentially redundant sets of criminal prohibitions.”

This year, Congress has before it proposals to create a new federal “hate crimes” category as well as new federal penalties for juvenile criminals.

But crime cases account for less than one-fifth of total federal cases. The large majority are civil suits brought by individuals, corporations or others seeking money damages.

They include workers who say that they suffered job discrimination, investors who say they were cheated by stock frauds, or persons who say they were injured by defective products.

Rehnquist did not mention examples of where Congress may have gone too far in creating new federal claims, possibly because the issue comes before the Supreme Court in a few days.

In 1994, Congress gave victims of sexual assaults a right to sue their assailants for damages in federal court. But last year, a U.S. appeals court in Virginia struck down the law on grounds that Congress has exceeded its authority.

The case comes before the court in a case by a Virginia Tech freshman who says that she was raped in a dormitory room by two football players. The case (Brzonkala vs. Morrison, 99-29) will be heard Jan. 11.

Two years ago, Rehnquist used his year-end report to sharply criticize the Republican-controlled Senate for stalling on President Clinton’s judicial nominees. In 1997, only 36 new judges were approved, but after Rehnquist’s rebuke, the Senate approved 65 judges in 1998.

In 1999, only 33 new federal judges won approval, but Rehnquist did not renew his criticism.

Sen. Orrin G. Hatch (R-Utah), who chairs the Senate Judiciary Committee, argues that Clinton has been filling judgeships at the same pace as his two Republican predecessors, Presidents Reagan and Bush.

After seven years in office, Clinton has put 336 judges on the lower federal courts, along with two justices on the Supreme Court. This equals about 48 judges per year.

By comparison, Reagan, during his eight years in the White House, named 374 judges--about 47 per year, along with three justices of the high court. During his single term, President Bush named 189 judges--also about 47 per year--and two justices.