Suing Courts
Serkin, Christopher
Bloom, Frederic
Abstract
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would concentrate on something different-on
providing transition relief, by way of legal remedy, to those bearing the heaviest burdens
of desirable legal change. These suits may at first appear impossible. But suing courts is
conceptually rational and mechanically reasonable, a tool that eases legal transitions
while navigating the many hurdles modern doctrine puts in the way. This Article sets out
the first complete account of how, where, and why suing courts might work- both in the
context of judicial takings and perhaps outside it, too. It shows how suing courts can
simultaneously discipline judges and liberate them. And it outlines a surprising promise
for all involved-a narrow hope for impacted parties and a new kind of accountability
for law-changing courts.