A Tale of Two Panels: The Size of the Chancellor’s Foot in Text Messaging and Potash

Pretty strong words have been bandied in the few years since Bell Atlantic Corp. v. Twombly. Two leading procedure scholars recently wrote that Twombly, and the subsequent Ashcroft v. Iqbal, have “destabilized the entire system of civil litigation,”  creating a “revolutionary” new “civil procedure hitherto foreign to our fundamental procedural principles. . . .” Sitting federal judges, too, have been rather uncommonly open in their