I have been exploring the original meaning of the Seventh Amendment right to a civil jury trial. Here, I want to step back from that discussion and instead address the desirability of the Seventh Amendment.
In my view, it is not clear that a strong civil jury trial right is desirable. My reasons are similar to those that have been voiced by critics over the years. The civil jury is expensive in terms of the time taken from jurors and to the litigating parties. The civil jury is often not sufficiently expert to adjudicate complicated facts. And the civil jury often does not apply the actual law but instead their own views of justice. While the civil jury is a check on judges, I am not sure it is worth it.