February 3, 2005
SLOWING THE DEMS GRAVY TRAIN:
Senate committee works on lawsuit deal (JESSE J. HOLLAND, 2/03/05, Associated Press)
A fragile compromise that would curb class-action lawsuits and achieve one of President Bush's second-term goals survived its first test Thursday when senators foiled attempts to alter the legislation.But Democrats are hoping to make changes to a bill that many of them would not mind seeing fail.
"This is a bad idea whose time has apparently come," said Sen. Joseph Biden, D-Del.
By a 13-5 vote, the Senate Judiciary Committee approved the overall bill, which would send the majority of class-action suits to federal court rather than state courts. The Republican-controlled Senate will consider the measure next week.
It's the perfect Republican reform, not just good public policy but an attack on the Democrat's base. Posted by Orrin Judd at February 3, 2005 5:50 PM
It is the perfect Republican reform--take powers from the states and transfer them to the federal government. Perfect!
Posted by: Steve at February 3, 2005 5:58 PMYour earlier remarks about how Democratic party first-tier talent will shun running (or re-running) for office comes into play here. Not only are they a minority (near powerless) now, but the ax is being put to the root of their sustainment, making a return harder and, if returned, freedom to act harder still. Delusion about how to change Kansas' voting patterns aside, has any thoughtful Democrat assessed the strategic catastrophy they confront?
Posted by: LUCIFEROUS at February 3, 2005 5:58 PMSteve:
Yes, Mississippi shouldn't be able to drive up costs for all of us.
Posted by: oj at February 3, 2005 6:01 PMSteve-- What, take lawsuits which involve corporations with multistate presence engaging in interstate commerce, performing acts in several states and being sued by residents of several states, and send it to the federal government? Shocking.
A proper understanding of federalism is not that states handle everything. It is a state right as well to not have other states legislate on their behalf. Mississippi is free to have lawsuits on behaviors committed in Mississippi or to Mississippians, but not to everyone in the country.
13-5 in Judiciary? Sounds bipartisan to me. Republicans don't have a majority that large.
Posted by: John Thacker at February 3, 2005 6:04 PM--It is the perfect Republican reform--take powers from the states and transfer them to the federal government. Perfect!---
Hasn't CA capped Pain and Suffering for about 25 years?????
They are the trendy forward-looking state, after all.
Posted by: Sandy P at February 3, 2005 6:17 PMSteve is just wrong. This won't change the substantive law that applies (the only relevant, legitimate "power") and will stop states from milking out-of-state defendants, which is one of the original constitutional purposes of the federal judiciary -- really, the only purpose of the lower federal courts.
Posted by: David Cohen at February 3, 2005 6:36 PMWhat is curious is that only 5 of the extremely partisan Democrats opposed this legislation. By contrast, all 8 nitwits opposed Gonzalez.
Posted by: Bart at February 3, 2005 6:45 PMRamesh Ponnuru wrote a great NR cover story last summer about Eliot Spitzer, pointing out that conservatives really misunderstand the concept of federalism when it comes to lawsuits. Worth a look.
Posted by: Matt Murphy at February 3, 2005 6:55 PMTrial lawyers, unions, public schoolteachers, homosexuals--the dominos are falling.
Posted by: Lou Gots at February 4, 2005 12:16 PM