Seven constitutional scholars; conservative Members of Congress such as Sen. Tom Coburn and Rep. Ron Paul; Tea Party Patriots co-founder Mark Meckler; and the national group of state legislators have already determined that a national medical malpractice ”tort reform” bill is clearly unconstitutional. They agree that the Founding Fathers intended for the states to run their own tort law system, each in their own way, and the federal government has no business mandating a ”one-size-fits-all” system. Dr. John Baker, a highly respected conservative scholar, discussed the constitutional issues today on the nationally syndicated “What’s Up” radio program with host Terry Lowry (download podcast here).
Nevertheless, one powerful U.S. House committee chairman continues to push for H.R. 5, the so-called ”HEALTH Act,” which would nationalize medical malpractice litigation. Rep. Fred Upton, chairman of the Energy & Commerce Committee, released a report this week on the committee’s achievements during the first six months of this year. In the report, he enthusiastically supports H.R. 5 as a means of saving billions in federal spending.
Setting aside the dubious math used to arrive at that conclusion, it’s amazing to me that a Republican in such a senior position would so clearly ignore the unconstitutionality of the bill. He might as well have proposed a federal sales tax on the sale of handguns and newspapers. Maybe someone in House Republican leadership can explain the meaning of the word “unconstitutional” to him. For the bill to pass the House now would be nothing but an exercise in raw, naked political power by the same medical associations who conspired to give us ObamaCare last year. Why would a Republican committee chairman back their special interest bill?