Cyrus Dugger

Trial Lawyers & The Democratic Party

The Drum Major Institute for Public Policy is a non-partisan 501(c)(3) organization. As a result, we do not endorse specific candidates. Because our advocacy is for progressive ideas, we align with anyone who assists these ideas.

However, without advocating for you to vote for any specific political party or candidate, I’d like to give you the general background context of tort “reform” and the electoral process.

Whether or not you are aware of it, the attack on the civil justice system and trial lawyers is also by design or by coincidence an attack on the Democratic Party. Something that Democrats and Republicans should both know, is that trial lawyers give large amounts of money to the Democratic Party. Indeed:

'If you cut the legs off the trial lawyers, then you significantly weaken the Democratic Party, and that's what this is all about,' says Jeff Wigington, product liability lawyer from Corpus Christi, Texas, who recently won a $225 million suit against the Ford Motor Co.

As a result, the attack on trial lawyers by the corporate funded and self labeled tort “reform” movement has the double benefit of reducing funding for the democratic party and creating corporate immunities at the same time.

As outlined in a report called the Attack on Trial Lawyers and Tort Law by David Johnson of the Commonweal Institute:

The Political Agenda -- Defunding Trial Lawyers The alliance of the tort reform movement with the far right involves an agenda that goes beyond such tort-specific issues as jury awards. These linked movements want more than just restricting litigants' rights and weakening regulatory constraints on business. By working to limit jury awards, and thus limiting the income of plaintiffs' attorneys, conservatives seek to "defund the trial lawyers," thereby undermining the attorneys' ability to lobby effectively and to contribute money to the conservatives' political opposition. In a candid article discussing the Right's agenda, Grover Norquist writes, "Modest tort reform, much of which has been actively considered by committees in both houses, would defund the trial lawyers, now second only to the unions‹and this is debatable‹as the funding source of the Left in America."[27] He has also written, "Modest tort reform would deprive pillar number three--greedy trial lawyers--of billions from American consumers. In some states trial lawyers give more to Democrats than union leaders do."[28] This agenda is further illustrated in an August 10, 2003 Seattle Times story, "GOP using 'tort reform' as powerful political club":[29] "The drive to limit court-awarded damages in civil lawsuits, often called 'tort reform,' usually is framed as a contest between accident victims' rights and corporations' desire to be protected from unreasonably high judgments. Increasingly, however, the battle is deeply partisan, as conservative groups try to mobilize the political right and cripple a key Democratic constituency, trial lawyers. . . 'It's a double kiss,' said a key strategist involved in the battle taking place in Congress, state legislatures, bar associations and local judicial elections. 'Republicans get to force one of the biggest backers of Democrats to spend money just to survive and, at the same time, please everybody from the Chamber (of Commerce) to the drug companies, to the Realtors, doctors, you name it.' Ed Lazarus, a Democratic political operative who works for the American Trial Lawyers Association, said: '(I)t's very clear what the program is ‹ it is to defund the Democratic Party.' For the GOP, he said, 'it's a double-header: more income for your side, and you take income from the other.' " The above-mentioned Norquist stories make public what many have suspected -- that the Right is not involved in advocating tort reform solely due to their concern over the insurance rates paid by doctors or damage awards paid by businesses. In a coordinated effort to weaken their political opposition, they are similarly targeting the Labor movement through "Paycheck Protection" legislation,[30] teachers unions through advocacy of vouchers,[31] aid to the urban poor, and attacking voting rights. (link)

This background is to give you information on the context of the tort “reform” movement and political fundraising.

At the end of the day, I’m not here to tell you which party or candidate you should vote for, but I am here to tell VOTE FOR SOMEBODY!

Posted by Cyrus Dugger at November 6, 2006 03:58 PM