Closing the Courthouse Door
"Real change comes from the bottom up, not the top down. The genius of the American system has been to let that change flow upward, from neighborhoods to cities to states and then to the federal government." George W. Bush February 26, 2001.
Unfortunately, the difference between words and deeds in Washington is often shocking even to those who think they have seen it all. Alicia Mundy in the October 15, 2008 edition of the Wall Street Journal reports: "Bush administration officials, in their last weeks in office, are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states."
What President George W. Bush should have said is that he believes in states' rights when they are in the interest of Big Business and their lobbyists in Washington. Mr. Bush and his cronies would like to forget about those harmed by dangerous products or reckless conduct. Indeed, Bush & Company seem to regard the civil justice system as a nuisance that threatens to destroy our economy and way of life. In reality, America's civil justice system plays an indispensable role in our democracy. When the rights of injured consumers are vindicated in court, our society benefits in countless ways: compensating victims and their families for shattering losses (with the cost borne by the wrongdoers rather than taxpayers); preventing future injuries by deterring dangerous products and practices and spurring safety innovation; stimulating enforceable safety standards; educating the public to risks associated with certain products and services; and providing society with its moral and ethical fiber by defining appropriate norms of conduct.
The Center for Progressive Reform has in painstaking detail chronicled the attack on the civil Justice system by the Bush Administration. In "The Truth about Torts: Using Agency Preemption to Undercut Consumer Health and Safety" legal scholars William Funk, Sidney Shapiro, David Vladeck and Karen Sokol write: "In recent years, the Bush administration has launched an unprecedented aggressive campaign to persuade the courts to preempt state tort actions.... Widespread preemption of state tort law would significantly undermine, if not eliminate, the rights of individuals to seek redress for injuries caused by irresponsible and dangerous business practices and to hold manufacturers and others accountable for such socially unreasonable conduct." (See: http://www.progressiveregulation.org).
And, Les Weisbrod, the President of the American Association for Justice (formerly known as the Association of Trial Lawyers of America) hit the nail on the head when he said: "In effect the Bush administration made the safety of Americans secondary to corporate profits." Mr. Weisbrod added: "Big business lobbyists have been on a crusade to destroy state consumer protection laws, and further stack the deck against American consumers." The American Association for Justice has just published a report titled: "Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability" - this report is available at: www.justice.org/getoutofjailfree.
Tort deform comes in many shapes and sizes - but the common theme is that tort deform severely damages Americans' cherished constitutional right to trial by jury. It ties the hands of jurors, preventing them from doing justice as the case before them requires. Only the judges and juries see, hear, and evaluate the evidence in these cases. But it is the politicians, absent from the courtrooms, who push bills greased by campaign cash that send a perverse message to judge and jury.
Tort law has produced decades of slow but steady progress in state after state respecting the physical integrity of human beings against
harm and recognition that even the weak and defenseless deserve justice. Instead of seeing this evolution as a source of national and global pride, a coalition of insurance companies, corporate defendants' lobbies, and craven politicians, led by George W. Bush, want to destroy our civil justice system.
When Georgetown Law School Professor David Vladeck testified before the Senate Judiciary Committee on September 12, 2007, he noted that the Bush Administration has "seized on regulatory preemption as a way to cut back dramatically on State law remedies for those injured by products and services Americans depend on every day for their health and well-being - medicines, medical devices, motor vehicles, the mattress on which we and our children sleep, and the commuter trains millions of us take to work every day."
Let us hope that Congress and the Supreme Court stop Mr. Bush from once again trampling the Constitutional rights of citizens throughout the land and preventing victims of corporate violence from obtaining justice in a court of law.