8. Congress has held hearings on whether the plausible pleading standard imposes barriers to judicial access that are inconsistent with democratic values. See Has the Supreme Court Limited Americans’ Access to Courts?, Hearing Before the S. Comm. on the Judiciary, 111th Cong. (2009).591With this concern in mind, various bills have been proposed to restore the pleading standard as it was articulated in Conley. See Notice Pleading Restoration Act of 2009, S. 1504, 111th Cong. § 2 (2009); Open Access to Courts Act of 2009, H.R. 4115, 111th Cong. § 2

(a) (2009). However, some advocates defend the new standard on grounds of efficiency. See Smith, TheEvolution of a New Pleading Standard: Ashcroft v. Iqbal, 36 Pepp.

L. Rev. 1063 (2009). If you were a legislator, what information would you want to review before undertaking to amend Rule 8?