Tort reform measures are opposed by advocates on all ends of the spectrum. Some local observers may roll their eyes when a Chicago personal injury attorney argues against tort changes. But a diverse range of individuals share concerns about unnecessary changes to our legal system.
For example, the 10th Amendment Center recently explained how a free-market constitutional scholar at the Independence Institute penned a long attack outlining the logical constitutional objections to the medical malpractice bill known as H.R. 5. The man admits that he has previously been a conservative Republican political activist and was at one time a Republican gubernatorial candidate.
The advocate explains his confusion that so-called conservatives would support H.R. 5, which he describes as “a measure based on a grossly overly-expansive view of the authority of Congress.” It is his position that it violates both the 9th and 10th Amendments to the U.S. Constitution. The proponents of the bill claim that Congress has the power to act pursuant to the “Commerce Clause,” but the subject matter at issue-civil court actions-have little no relation to commerce as the Founders intended. Alternatively, the “Necessary and Proper Clause” offers no congressional power mandate either.
Overall, H.R. 5 represents a disregard of American federalism and distortion of the role of the federal government and the states. It is important that our Congressional representatives be held accountable for their actions and words. All those who vocally support the limited role of the federal government should take policy positions consistent with that opinion, regardless of the particular interest group to which the policy appeals.
Our Chicago personal injury lawyers at Levin & Perconti similarly believe in the wrong-headedness of measure like H.R. 5. There remains no logical justification for Congressional interference into the state legal system. It is a broad overstep which should be rejected by both liberal and conservative advocates alike.
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