M.L.B. v. S.L.J.

When M.L.B. was unable to appeal because of her financial difficulties, she felt that at least in forma pauperis should apply. It did not apply to parenthood, which was not a criminal case. The conflict then arose of whether or not the Fourteenth Amendment of the Constitution allowed a state to condition appeals made by indigent persons if a court decreed a termination of parental rights.

The court was reluctant to extend in forma pauperis to any civil case for fear that it would open the door for too many minor civil cases. When making its decision, the Supreme Court looked at the situation and considered family a fundamental right of a citizen.

A 6-3 opinion decided that "just as a state may not block an indigent petty offender's access to an appeal afforded others, so Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent."[1] The court stated that due process could not be halted by a lack of funds in a case if the termination of parental rights was at risk. Ginsburg wrote the majority opinion and was joined by O'Connor, Souter, Breyer, and Stevens. The concurrence was written by Kennedy.

A case that contributed to the court's opinion was Griffin v. Illinois, 351 U.S. 12 (1956). Before that case, only convicted felons sentenced to death had access to an appellate review if they were unable to pay for transcripts. The court then decided that all criminal cases, even noncapital ones, would be allowed the same right, in accordance with the Fourteenth Amendment. The other largely-influential case was Mayer v. Chicago, 404 U.S. 189 (1971), which decided that any offence, even "quasi-criminal" ones in nature, may be appealed, regardless of financial means.[1] M.L.B. argued that what was at stake for her was far greater than what was at stake for a "quasi-criminal" and that her right to appeal should in no way be determined by her wallet. The court made their ruling based on that argument and reversed the one made by the Mississippi Supreme Court.

The concurrence was written by Kennedy. He reiterated the impact that both Griffin v. Illinois and Mayer v. Chicago had on the case. Also, the court must reverse the previous ruling because of the importance of the rights inherent in any family matters. Appellate review is not always necessary, but if it is granted, the court must not bar litigants from fulfilling their appeal by a lack of funds in cases as grave as this one. On family matters, cases like Boddie v. Connecticut and Lassiter v. Department of Social Services of Durham City were cited as grounds for the decision.[1]

The dissenting opinion was written by Thomas and joined by Rehnquist and Scalia. In it, they contend that if they allow for free transcripts in a civil appeal in this one case, it will be applied too liberally to other civil cases. There is also issue over M.L.B.'s claims that she should be protected under Due Process and Equal Protection Clauses, as there is no clear explanation how they apply. Also, the Due Process Clause does not state that a state is even obliged to provide for an appeal.[1] Furthermore, the petitioner has gone through an entire court process that was provided for her, ensuring her due process. The state's duty to M.L.B. has thus been fulfilled. M.L.B.'s motives, as well, are questioned, as the petitioner may care less about due process and more about delaying the sting of termination of her parental rights. The majority cited irrelevant Supreme Court that apply to criminal, not civil, cases.