3rd Circuit Urged to Unseal Docket and Other Records in Abortion Case

June 13, 2008

Brett Berman recently filed court papers urging the 3rd U.S. Circuit Court of Appeals to unseal documents – including the court’s docket – in a precedent setting case. The pair were quoted in an article about the case, “3rd Circuit Urged to Unseal Docket and Other Records in Abortion Case,” by Shannon Duffy, which appeared on June 13, 2008, on Law.com.

Berman, who represents The Legal Intelligencer, filed motions to urge the Circuit Court to reconsider the judge’s decision to seal all records in a case brought by a women who claimed she was fired after having an abortion. In addition, the pair asked that the file be unsealed at the appellate level.

In their brief, Berman is quoted as saying, “It is facially unconstitutional for a court to seal a docket and thereby obliterate any public knowledge of an entire lawsuit’s existence….The secrecy of the case prompts the question: how many other cases are completely sealed? Is there a parallel justice system at work here, visible and accountable to no one? The possibility that there are many other sealed cases raises deeply disturbing question about the integrity and legitimacy of our legal system.”

To read the full article, please go to http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202422240956.