Holtzman Vogel Files SCOTUS Amicus Brief in "Counsel Mandate" Case

On February 7, 2025 on behalf of The Manhattan Institute, we filed an amicus brief in Blake Warner v. Sch. Bd. Of Hillsborough Cty., Fla., 2024 WL 2053698, which has been petitioned for cert in the Supreme Court. 

The case centers on the so-called “counsel mandate” which requires children to have an attorney in order to bring civil claims.   We argued against the mandate, contending that it effectively bars poor children from the courthouse by prohibiting their parents from appearing “pro se” on their behalf and, therefore, blocking children from bringing civil claims if they are too poor to afford an attorney.  We asserted that the counsel mandate violates numerous constitutional rights, including the right to due process, equal protection, and of access to the courts, which includes the separate right to self-representation.

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