The Congressional Record reports that Senator Arlen Specter yesterday offered a bill. S. 1504, to wipe out the Twombly pleading standard (latest post here) and revert to the hoary test of Conley v. Gibson.
The working text of the bill — which goes under The Notice Pleading Restoration Act of 2009 — says:
Except as otherwise expressly provided by an act of Congress or by an amendment to the Federal Rules of Civil Procedure which takes effect after the date of enactment of this Act, a Federal court shall not dismiss a complaint under rule 12(b)(6) of the Federal Rules of Civil Procedure, except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson, 355 U.S. 41 (1957).
Yay?