Amy Coney Barrett Questions Attorney on State Malpractice Rules in Berk v. Choy Case

Rules Enabling Act and Federal Rules

• 💡 The discussion centers on the Rules Enabling Act and whether federal rules should control in cases like Berk v. Choy.
• 🎯 The attorney states they embrace the Civic test for determining if a rule is procedural under the Rules Enabling Act.
• 🔑 This test asks whether the rule regulates the manner and means of enforcing rights.

Shady Grove v. Civic Case Law

• ⚖️ The attorney acknowledges that Justice Stevens in Shady Grove used a different test than the one in Civic.
• 📌 Even under Justice Stevens's test, the rule in question would still be considered valid.
• 🧠 The attorney believes the text of Civic is clear and directly addresses procedure, making it valid under the Rules Enabling Act.