Jeffrey P. Gale, P.A. // The Federalist Society Opposes Civil Jury Trials for Average Citizens

scales-of-justice-300x203The Seventh Amendment to the United States Constitution provides as follows:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The first ten amendments to the Constitution are known as the Bill of Rights. They were proposed by James Madison, the fourth president of the United States, in a speech before Congress on June 8, 1789. Here’s what he said in that speech about jury trials:

Trial by jury cannot be considered as a natural right, but a right resulting from the social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre—existent rights of nature.

The Federalist Society is a conservative American legal organization. Former members include current U.S. Supreme Court justices Brett KavanaughNeil GorsuchClarence ThomasJohn RobertsSamuel Alito, and Amy Coney Barrett. The society’s logo is a silhouette of James Madison and its website displays his portrait at the bottom.

Ironically, the society and the members it breeds to become legislators and judges disdain civil jury trials. Their actions are impeding and denying the very right Madison believed was essential to securing the liberty of the people. Examples include upholding jury trial waiver agreements in contracts, enforcing mandatory arbitration agreements, allowing class action waivers, legislating and enforcing stringent medical malpractice presuit requirements, limitations on discovery, and limits on voir dire.

The reason is simple. The civil jury trial system is the great equalizer. With the right legal representation, which is made possible through contingency fee agreements, the little guy can fight toe-to-toe against the largest corporations to achieve justice. Nothing bothers big guys more than not being able to push little guys around.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

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