A great drive is being made for the passage of a bill for investing the Supreme Court with power to prescribe rules of procedure for law actions in the Federal Courts. A committee of the American Bar Association, or perhaps rather a small number of a committee, has been active in propaganda work for the proposed legislation. Great names have been invoked, and meetings of the Bar Association and lawyers have been passing resolutions in favor of the bill, but the very unanimity with which some of these resolutions have been passed confirms a natural belief that the action was taken upon the initiative of a few active persons, and without proper consideration. Such resolutions can not be accepted as truly representative. For one, I have endeavored to follow this subject somewhat, and I do not know, and have not heard advanced, a single sound reason for this bill. Its sponsors say that it will promote uniformity, simplicity, speedier decisions, and decisions upon the merits. As to whether it will promote speed and decisions upon the merits depends, of course, upon the second, that is, whether it will promote simplicity. Any consideration of the subject may, therefore, be confined to the two arguments of uniformity and simplicity.
Uniform Law Procedure in Federal Courts,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol33/iss2/2