Justinian Lane

Tort "reform" is great for Republicans

More than a few have noted that tort "reform" goes contrary to many GOP beliefs such as states' rights, and have opined that the real reason the party pushes tort "reform" so heavily is that it hurts the Democratic party's ability to raise funds.  Here's another article on the topic.  I haven't had time to read the article yet, but the following passage has piqued my interest:

As reported in Part IV of Raw Story Investigates’ series, Mississippi attorneys have described the behind-the-scenes political fight sparked by the tobacco ruling as nothing short of “war.” Attorneys interviewed for this series of articles have depicted the “gloves off” stance taken by the Republicans against the Democrats in the South as a domestic war between corporations on one side and lawyers representing plaintiffs on the other.

During the early years of the Bush administration, some inside the Republican National Committee allegedly saw Minor as an obstacle to the Southern strategy that was then being planned.

As one Mississippi attorney explained, “In war, you first cut off the supply lines of the enemy troops.” Minor was the “supply” target because of his large donations to Democratic candidates. Judge Oliver Diaz was the “obstacle” to corporate interests seeking to reduce plaintiff cases and keep tribal casinos deregulated.

Source: The Raw Story » Justice for Sale: How Big Tobacco and the GOP teamed up to crush Democrats in the South

So what do you think - does the GOP support tort "reform" because it hurts the Dems?

Justinian Lane: Author Bio | Other Posts
Posted at 3:27 PM, Jun 24, 2008 in Civil Justice
Permalink | Email to Friend


No - I think that the GOP supports tort reform because it is the just thing to do. Hurting the Democrats is not necessary - the Donkeys do a superlative job of hurting themselves without assistance from the GOP.

Neither party is especially virtuous. I tend to vote GOP because it is usually the less odious choice, but I have on occasion voted for Democrats, most notably Rueben Askew (a great Florida Governor) and Jimmy Carter (the worst president in my 56 years on this planet), but also some Florida State House and Senate elections.

Posted by: Paul W Dennis | June 24, 2008 6:45 PM

This is not in your Torts book. Your Torts criminal cult indoctrinator will not tell you this. However, it has no exceptions. It is proven in multiple on-off natural experiments.

Liability deters the entire economic sector, not just misconduct. Immunity grows the entire economic sector.

So, judge and lawyer self-dealt immunities have caused an explosive growth in those two sectors.

If you are the party of business, and want to grow business activity, anything done toward immunity helps. Any measure that increases liability exposure hurts business, even the business never sued.

Republicans are the party of business. They want more business, less lawyering. So can you understand the relationship? The Democrat Party is the party of wealth redistribution. Torts are an unauthorized form of industrial policy and taxation for the redistribution of wealth to its constituents. One should look at the wealthiest lawyers. They should logically be Republican, to preserve their assets from taxation. They are all Democrats.

Posted by: Supremacy Claus | June 24, 2008 6:49 PM