Sen. Arlen Specter, D-Pa., has already introduced legislation, called the Notice Pleading Restoration Act, which would return pleading standards to what they were before both Iqbal and Twombly. "The effect of the court's actions will no doubt be to deny many plaintiffs with meritorious claims access to the federal courts," Specter said in a statement on the Senate floor last week.
Iqbal and Twombly govern the question of how detailed factual allegations in Complaints for relief must be under the Federal Rules of Civil Procedure and have been discussed previously in this space.
And, for those of you who weren't paying attention, the (D) for Arlen Specter is correct. The moderate Pennsylvania Republican switched parties earlier this year. He serves on the Senate Judiciary Committee, so his proposals are more likely to become reality than those of many legislators and commentators. The bill number in the current session of Congress is S. 1504.
Absent the fluff of headings, etc., the bill, introduced July 22, reads in its entirety:
Except as otherwise expressly provided by an Act of Congress or by an amendment to the Federal Rules of Civil Procedure which takes effect after the date of enactment of this Act, a Federal court shall not dismiss a complaint under rule 12(b)(6) or (e) of the Federal Rules of Civil Procedure, except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson, 355 U.S. 41 (1957).