While the Supreme Court has established the fundamental right of access to the courts, obligating state prisons to provide legal assistance to prisoners in pro se civil rights suits, it has left ambiguity regarding the extent of assistance required beyond the pleading stage, resulting in a circuit split. While the Seventh and Third Circuits advocate for continuous affirmative assistance, the Ninth Circuit limits it to the pleading stage. This Note argues that state prisons should be mandated to offer assistance throughout all litigation stages. It explains the constitutional basis for the right of access to the courts, which is rooted in the Due Process and Petition Clauses. It contends that such assistance ensures meaningful access to justice and aligns with constitutional rights. Moreover, this approach is pragmatic, increasing legal access for prisoners without imposing substantial financial burdens on state prisons.
* J.D. Candidate, University of Illinois College of Law (2024); B.S., Wayne State University (2020). Special thanks to the staff and editors of the University of Illinois Law Review on their hard work in helping to publish this Note.
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