This week, the House of Representatives will debate and vote on the fiscal year 2013 budget for the federal government. House Republican leadership supports the budget proposed by House Budget Committee chairman Rep. Paul Ryan. But the Ryan budget dishonors states' and individual rights protected by the Constitution and Bill of Rights, by proposing to cap non-economic damages in medical liability lawsuits across the country, without respect to existing state law governing civil suits (see page 55 of the Ryan budget proposal). Similar to the proposal in H.R. 5, the bill passed by the House last week to take over state courtrooms and impose federal limits for medical malpractice lawsuits, the Ryan budget proposal ignores the objections to federal tort reform by numerous conservatives and libertarians, as documented here over and over again.
But another budget plan proposed by numerous conservative House Republicans, respects constitutional rights and honors federalism, and should be supported by the House majority. The Republican Study Committee's proposed FY 2013 budget doesn't interfere in state courtrooms protected by the 10th Amendment or our right to a civil jury trial protected by the 7th Amendment. It doesn't propose any caps on damages, thereby recognizing that tort law isn't an enumerated power for the federal government in the Constitution.
Real constitutional conservatives in the House should honor the Constitution and Bill of Rights and vote for the RSC budget.