Judson Phillips, founder of Tea Party Nation, continuously "gets it." He knows that Obamacare and federal tort reform bills are "the Wickard twins," equally unconstitutional ideas arising from the Supreme Court decision in 1942 that unleashed a runaway Commerce Clause on an unsuspecting American public. States' and individual rights don't have a prayer if we let an unlimited Commerce Clause govern aspects of American life in ways never envisioned by the Founders, starting with health care and tort law. That's why Judson has written and spoken often against federally imposed on caps in medical malpractice cases, such as those proposed in H.R. 5. We've even seen the spectacle of Democrats challenging the states' rights position of Republicans with Judson's own words, for which the pro-H.R. 5 Republicans have no response.
He's at it again in a post on Tea Party Nation, as follows:
If the Republicans are successful in taking the White House and the Senate (they will keep the House), then we will see the next incarnation of attacks on state sovereignty.
That will come in the form of Federal Tort Reform. Some Republicans want to impose Federal Tort Reform on all of the states. Many people have a knee jerk reaction to tort reform. Oh, we don't like the trial lawyers. We don't like lawyers, period. Let's hurt the lawyers.
Since 1787, states have regulated state courts. Since 1787, states have regulated licensed professionals in those states including doctors, lawyers and others. In Federal Court, unless there is a lawsuit governed by a specific federal statute, state law controls the federal courts. Lawyers cannot be admitted to practice before federal courts until they are admitted before the highest court of one of the states.
To allow the Federal Government to impose tort reform on the states wipes out some of the last vestiges of state sovereignty, namely the ability to make its own laws.
State sovereignty has always been the bulwark against they tyranny of a massive federal government. Our founding fathers knew that. That is why they purposefully made the Federal Government weak.
As we hopefully approach the end of the Obamacare Era, either by judicial decision or through an election, Republicans must resist the urge to respond to polls favorable to medmal caps. After all, polls were once favorable to Obamacare, too.
Instead, they should listen to the wisdom of Tea Party-side experts and activists such as Judson Phillips, and avoid any incursion on the Constitution and Bill of Rights.