A Great Month for Legal Reform, Sort Of
October was a great month for legal reform in Washington. Well, sort of.
Early in the month, Congress approved and the President signed a bill that would protect firearms manufacturers from frivolous lawsuits that aim to hold gun makers responsible for the actions ― almost always illegal ― of individuals.
Later in the month, the House passed a bill to protect restaurants and other food companies from lawsuits that blame them for their customers’ obesity.
And at the end of the month, the House approved a bill to reduce the number of meritless lawsuits by strengthening Rule 11 of the Federal Rules of Civil Procedure. This excellent piece of legislation (HR 420) moves the legal reform ball forward in several crucial ways. Key provisions include:
If this bill becomes law, it would represent a tremendous step forward for civil justice reform. It would also go a long way toward restoring the proper balance between plaintiffs’ interest in gaining access to the courts and the right of defendants to get a fair shake. Perhaps best of all, it ensures real consequences for the greedy trial attorneys who clog our courts with frivolous claims that accomplish little more than padding their already well-lined pockets.
However, even though HR 420 is certainly a positive step forward, it’s not a particularly earth-shaking measure. Boiled down to its essentials, it only tries to make life hard on lawyers who behave irresponsibly by filing frivolous lawsuits. But even that small step is a bridge too far for trial lawyers, who apparently want to protect their ability to keep filing improper, dubious and frivolous lawsuits.
So, HR 420 is not likely to become law. According to one news report, the bill “has little chance of being taken up in the Senate.” Indeed, for those who are regularly involved in the pursuit of legal reform, “doomed in the Senate” has become a common refrain.
One might think that with its Republican majority, the Senate would be favorably disposed to legal reform. In fact, most of the Republican members of the chamber are generally supportive. And the Republican leadership has repeatedly demonstrated its commitment to addressing the many problems that plague our civil justice system.
But the problem isn’t the Republicans. It’s the minority Democrats who, despite their small numbers, still have enough votes to effectively block legislation in the Senate.
These are the same Democrats, of course, who remain firmly in the pockets of the trial bar. According to published reports, trial lawyers and their allies contributed more than $100 million to Democratic candidates, PACs and affiliated organizations during the 2004 campaign. And the trial bar is categorically opposed to anything that might sidetrack their legal gravy train.
Situations like this cause cynicism and distrust of our government. The Senate used to be the home to great orators, like Daniel Webster, and legendary legislators like John C. Calhoun. Now, instead of embracing common sense proposals, or engaging in a real debate about why the proposals should be rejected, Senate Democrats offer only an inexplicable “no” and effectively prevent the proposals from ever being considered.
It’s time for the Senate to get busy. It’s time for Senate Democrats to stop acting like robots, reciting talking points while they dig in their heels. It’s time for the Senate Democrats to lead, follow or get out of the way.
“Doomed in the Senate” is no longer an acceptable epitaph for common sense civil justice reform legislation. Not when justice itself is at stake.
November 3, 2005