Today in History: Arguing Unconscionability

On this date, April 9, 1965, the U.S. Court of Appeals for the D.C. Circuit hears oral argument in Williams v. Walker-Thomas Furniture Co., the landmark unconscionability case.  Judges David Bazelon and Skelly Wright seem amenable to the claims of the indigent plaintiff, but Judge John Danaher (the only one on the panel to have served as a legislator himself) is dubious, noting it’s the legislature’s job to make such calls.

The 2-1 decision, adopting unconscionability as part of the common law of the District of Columbia, will come down in August.

[Frank Snyder]