mr. chairman , i yield myself such time as i may consume . 
i will summarize in a few words what we are really talking about . 
there are frivolous lawsuits . 
there are also novel legal claims which some may consider frivolous , but which , in the fullness of time , yield legal progress . 
the claims against plessy v. ferguson were considered frivolous at first , but eventually the courts accepted them , and so with many other arguments . 
the courts have rule 11 sanctions available at their discretion . 
any judge who thinks an attorney is being frivolous , is wasting the court 's time , is wasting his adversary 's time , can impose the sanctions today . 
the courts have not asked for further power . 
the courts have certainly not asked us to tie their hands and to mandate that they impose sanctions whenever they are requested and a technicality may have been violated . 
that is not justice , to enforce technicalities against the discretion of the judge . 
the association of state chief justices are not in favor of this . 
the judicial council of the united states is not in favor of this . 
to mandate that attorneys be sanctioned on any technicality , to say that an attorney may not correct his own mistake , you must sanction him ; to say that three sanctions on three technicalities means he can not practice anymore is to tell attorneys , do not try novel legal arguments , do not argue new claims . 
to say that attorneys ' fees , reasonable attorneys ' fees , will be assessed mandatorily , whatever the judge thinks , whether he thinks or she thinks it is reasonable or not , is to say that you better not sue the big boys , that you better not sue general motors , and a small business , a supplier can not sue wal-mart lest the attorney violate some technicality and the attorneys ' fees of wal-mart , with their 45 attorneys sitting there , be assessed against the small supplier . 
this is not justice . 
what this bill is , mr. chairman , is another attempt , another in a series of attempts , the class action bills , the various other bills we have had here , to close the courts , to close the courts to anyone who would try to hold giant corporations accountable . 
that is what this is . 
this is a bill that says , do not try to use the courts for civil rights , do not try to use the courts to sue large corporations . 
we are going to make sure you do not . 
we are going to punish you if you do , and we are going to make sure you can not find an attorney who will take the case because they are worried about draconian imposition of draconian attorneys ' fees . 
so i urge my colleagues to reject this bill . 
it should be rejected , because the courts ought to be opened to all people who need to use them . 
otherwise there is no justice . 
