This week we've been deluged with the reports on the oral argument before the Supreme Court on the Obamacare case. And last week, the House GOP leadership pushed a bill combining federal limits on medical malpractice lawsuits with an attractive bill to repeal a key component of Obamacare.
The two belong together. After all, Obamacare and federal tort reform are equally and fundamentally based on the expansive interpretation of the Commerce Clause…Continue
On November 11, Sen. Mike Lee gave a speech to the Federalist Society National Convention in which he explained that he wouldn't vote for a Senate Republican jobs bill because it included a section imposing federal limits on awards in medical malpractice lawsuits (the Senate version of H.R. 5, passed by the House last week).
Sen. Lee discussed the…Continue
This week, the House of Representatives will debate and vote on the fiscal year 2013 budget for the federal government. House Republican leadership supports the budget proposed by House Budget Committee chairman Rep. Paul Ryan. But the Ryan budget dishonors states' and individual rights protected by the Constitution and Bill of Rights, by proposing to cap non-economic damages in medical liability lawsuits across the country, without respect to existing state law governing civil suits (see…Continue
The problem with most of the proposed reforms in H.R. 5 is that the law governing medical malpractice claims is a state issue, not a federal issue. Despite H.R. 5's reliance on the Commerce Clause, Congress has no business (and no authority under the Constitution) telling states what the rules should be governing medical malpractice claims.…
For months, it appeared that House Republicans had largely agreed with conservatives such as Virginia Attorney General Ken Cuccinelli; Randy Barnett; Senators Tom Coburn and Mike Lee; Tea Party movement leaders such as Judson Phillips and numerous House Republicans that federal tort reform bills violate the states' rights under the 10th Amendment to run their own legal systems without federal interference. There has been no floor action on H.R. 5, a…Continue