Public Interest Law & Policy
Class 11
Ronald W. Staudt
October 2, 2008
Big Day!
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Sox v. Rays @ 1:30
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M.L.B v. S.L.J. @ 4
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Biden v. Palin @ 8
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Cubs V. Dodgers @ 8:30
M.L.B v. S.L.J - Themes
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Learn some law
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Study context of each case, exploring the
controversy from various perspectives
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political, social, economic…
Evaluate tactics and methods used by public interest
lawyers
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Today- due process, equal protection, right to counsel,
poverty and parental rights and court fees on appeal
Is litigation an effective tool for social change?
Study how the lawsuits affected the lawyers
themselves
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Career trajectories, professional satisfaction, skill
development…
M.L.B v. S.L.J.
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“Age old problem of providing equal
justice to the … poor and weak…”
Facts
Proceedings below
Introduction to the law discussion: the
argument in the Supreme Court
Lines of cases
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Griffin and Mayer –free transcripts on
appeal of criminal convictions
Gideon and Scott -right to counsel
Lines of Cases
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Boddie & Lindsay v. Normet- poverty &
court fees -divorce & evictions
Kras and Ortwein- poverty & court fees
bankruptcy and welfare.
Lassiter & Santosky—parental
termination and procedural justice.
Access to judicial process test
from Griffin line of cases
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Character and intensity of the individual
interest at stake
V.
State’s justification for its exaction
Here, compare M.L.B. to Mayer
General Rule on Poverty and
State Fees
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The State’s need for revenue to offset
costs, in the mine run of cases, satisfies
the rationality requirement. …
States are not forced by the
Constitution to adjust all tolls to account
for “disparity in material circumstances.”
Exceptions 
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Right to vote-poll tax cases
Ballot access cases
Appeal Access
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Serious crimes –Griffin
Crimes that carry no jail time -Mayer
Now--Parental termination cases - M.L.B.
Respondents argue
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Government need not provide funds so that
people can exercise even fundamental rights.
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Lyng-food stamps on strike
Regan –tax deductions for lobbying
Harris v. McRae-Medicaid for medically necessary
abortion
De Shaney –protection from child abuse
Washington v. Davis- neutral rule not invalid
under Equal Protection analysis simply
because of disparate impact on one race.
(verbal skills test for employment)
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But Williams v. Illinois- incarceration beyond
sentence not permitted for failure to pay fine.
Terminations but not Custody?
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In contrast to matters modifiable at the
parties will or based on changed
circumstances, termination
adjudications involve the awesome
authority of the State “to destroy
permanently all legal recognition of the
parental relationship.”
J. Thomas- Part 1
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Due process analysis shows no violation here.
Hearing sufficient, appeal not required.
Washington v. Davis- no equal protection
violation because indigency here only
prevented M.L.B. from taking advantage of
procedures above and beyond those required
by the Constitution.
This is about discretionary appeals, not
parental termination.
J. Thomas- Part 2
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Overrule Griffin
Restrict Griffin to criminal cases
threatening incarceration
Confine Griffin to criminal cases