Kelly Wu '27
Staff Editor
On November 15, the National Lawyers Guild hosted a discussion on the landmark case Ashcroft v. Iqbal. The discussion focused on its implications in the legal field and the distanced way it is spoken about in 1L Civil Procedure. The event explored the complexities of the case, its aftermath, and the broader consequences for legal practice.
Participants reflected on how Iqbal is taught in law school, with many recalling frustration over the lack of focus on the case’s factual details. Instead, the case is often presented through a procedural lens, leaving out the real-world injustice of racial profiling and abuse following the 9/11 attacks. Some professors do cover the facts more thoroughly, but the case’s emphasis on legal theory creates a disconnect for many students.
Speakers referenced The Lost Story of Iqbal by Shirin Sinnar to highlight how the case overlooked critical facts of racial discrimination. Despite some factual concessions, the Court denied discovery, raising concerns about the racial and ethnic dimensions of the case. While some participants were not shocked by the racial profiling involved, they were surprised by the Court’s failure to address these issues. The Iqbal decision’s impact is felt throughout any form of litigation, particularly the “plausibility” standard it announced that makes it harder for plaintiffs to even reach the discovery phase in litigation. This new threshold disproportionately harms marginalized communities by setting a high bar for proving claims, particularly in racial and ethnic discrimination cases. Attendees spoke of the disconnect the case had and the confusion caused by the “plausibility” standard.
The group also compared Iqbal to other cases, such as Walmart v. Dukes and Deshaney v. Winnebago, noting a trend in the courts that limits access to justice for those challenging systemic discrimination. The event concluded with a call for rethinking how the legal system addresses Iqbal and the significant barriers to justice it created. The event particularly noted the need for a more human, factual lens for procedural cases in law school.
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guj9fn@virginia.edu