This Article uses the history of procedural rules governing “freedom suits” to elucidate the collection of rights that constitute the Western idea of “individual liberty,” and to make a prima facie case that our current Rules of Civil Procedure are biased against the enforcement of those rights by American minorities. This history reveals a systemic inequality in procedural rights that both pre-dates race and favors the consolidation of economic and political power over the enjoyment of the rights that supply the foundation for classical liberalism. I argue that collecting demographic data on litigants’ interaction with our Rules of Civil Procedure will yield not only a deeper understanding of this bias, but also potentially transformative insights for our judicial system in a time of needed reform.