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Guess Who's Against GOP's Proposed Tort Reform... The GOP

Brett Emison
Brett Emison
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Posted by Brett EmisonFebruary 10, 2011 4:13 PM
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Read more: GOP clashes over medical malpractice [Julian Pecquet at The Hill]

At a Judiciary Committee markup, Rep. Ted Poe (R-Texas) accused Rep. Phil Gingrey (R-Ga.) of proposing legislation that would violate the constitution.

Rep. Poe warned that the tort reform proposal violated states' rights under the 10th Amendment.

Curiously absent in the debate (at least as reported in The Hill), was any discussion of the 7th Amendment.

(c) Copyright 2011 Brett A. Emison

Tags: 7th Amendment, Tort Reform, Tort Deform, Medical Malpractice

2 Comments

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Kevin DuffanInjury Board Attorney Member
Posted by Kevin Duffan
February 10, 2011 5:46 PM

My colleague, John Cooper, has written several articles on tort reform that share the same view.

One article made the point that a study participant and Harvard Kennedy School of Government professor told Reuters, the data show "the amount of defensive medicine is not trivial, but it's unlikely to be a source of significant savings."

Pamela Egan
Posted by Pamela Egan
February 12, 2011 1:32 AM

I do find it interesting that both the accuser and the accused in this case belong to the same party.

Does anyone know the specifics of how the proposal would violate the constitution, if at all?

As best I can tell, it appears to be an issue of federal overreach into states' rights, but I'm no constitutional attorney, and any clarification from anyone with more expertise than myself would be greatly appreciated.

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