Tag Archives: Tort Reform

Commentary

George Will says that Ted Cruz is the candidate to rally around

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Republican Senate candidate Ted Cruz
Republican Senate candidate Ted Cruz

Kay Bailey Hutchinson has retired from the Senate, and George Will thinks that Republican candidate Ted Cruz is the man to replace her.

Excerpt:

For a conservative Texan seeking national office, it could hardly get better than this: In a recent 48-hour span, Ted Cruz, a candidate for next year’s Republican Senate nomination for the seat being vacated by Republican Kay Bailey Hutchison, was endorsed by the Club for Growth PAC, FreedomWorks PAC, talk-radio host Mark Levin and Erick Erickson of RedState.com.

For conservatives seeking reinforcements for Washington’s too-limited number of limited-government constitutionalists, it can hardly get better than this: Before he earned a Harvard law degree magna cum laude (and helped found the Harvard Latino Law Review) and clerked for Chief Justice William Rehnquist, Cruz’s senior thesis at Princeton — his thesis adviser was professor Robert George, one of contemporary conservatism’s intellectual pinups — was on the Constitution’s Ninth and 10th amendments. Then as now, Cruz argued that these amendments, properly construed, would buttress the principle that powers not enumerated are not possessed by the federal government.

Robbie George??? Robbie George??? Holy snouts! That guy is one of the top academic pro-lifers. Every Christian apologist knows about Robbie George. It’s the law! Well, it isn’t. But it should be!

I continue:

At age 14, Cruz’s father fought with rebels (including Fidel Castro) against Cuba’s dictator, Fulgencio Batista. Captured and tortured, at 18 he escaped to America with $100 sewn in his underwear. He graduated from the University of Texas and met his wife — like him, a mathematician — with whom he founded a small business processing seismic data for the oil industry.

By the time Ted Cruz was 13, he was winning speech contests sponsored by a Houston free-enterprise group that gave contestants assigned readings by Frederic Bastiat, Friedrich Hayek and Ludwig von Mises. In his early teens he traveled around Texas and out of state giving speeches. At Princeton, he finished first in the 1992 U.S. National Debate Championship and North American Debate Championship.

As Texas’s solicitor general from 2003 to 2008, Cruz submitted 70 briefs to the U.S. Supreme Court, and he has, so far, argued nine cases there. He favors school choice and personal investment accounts for a portion of individuals’ Social Security taxes. He supports the latter idea with a bow to the late Daniel Patrick Moynihan, who said such accounts enable the doorman to build wealth the way the people in the penthouse do.

Regarding immigration, Cruz, 40, demands secure borders and opposes amnesty for illegal immigrants but echoes Ronald Reagan’s praise of legal immigrants as “Americans by choice,” people who are “crazy enough” to risk everything in the fundamentally entrepreneurial act of immigrating.

He is a hard-core Republican. He has Republican experiences: legal immigrant, fought communism, studied something that required actual work, founded a small business, etc. This is the prototypical Republican!

You can find out more about him on his positions page. I was interested in his stance on social issues, in particular.

Excerpt:

Ted Cruz has fought to protect innocent human life. He played a leading role in several important cases, including defense of the partial-birth abortion ban, parental consent laws, and prohibiting state funds from going to abortion. These cases have all been part of the ongoing effort to ensure that every child in America  receives the protection and respect he or she deserves.

  • Authored an amicus brief for 13 states, successfully defending the federal Partial Birth Abortion Ban Act. The ban was upheld 5-4 before the U.S. Supreme Court;
  • Authored an amicus brief for 18 states, successfully defending the New Hampshire parental notification law. The law was upheld 9-0 before the U.S. Supreme Court [note: this brief was awarded the Best Brief Award from the National Association of Attorneys General for U.S. Supreme Court briefs written in 2005-06];
  • Successfully defended Texas’s Rider 8, which prohibits state funds for groups that provide abortions, winning unanimously before the Fifth Circuit court of appeals.

Ted Cruz has worked hard in defense of traditional marriage, including his intervention in a case protecting Texas marriage laws. In addition, he has fought on the federal level to defend marriage between one man and one woman as the fundamental building block of society.

  • When a Beaumont state court granted a divorce to two homosexual men who had gotten a civil union in Vermont, Cruz, under the leadership of Attorney General Greg Abbott, intervened in defense of the marriage laws of the State of Texas, which successfully led to the court judgment being vacated;
  • Worked with Attorney General Abbott to send a letter to Congress in support of the federal Defense of Marriage Act.

He has lots of nice actions related to lots of conservative policies on that page. What a resume! Energy production, voter fraud prevention, border security, legal firearm ownership – you name it, this guy has been fighting for conservative principles. Like Michele Bachmann, (and unlike RINO Mitt Romney), he has actually tried to do pro-life and pro-marriage things. We don’t just have to take his word for it, he has the actions to prove his words. Just look at the list of issues on his page!

It’s so funny, because on that page, he says this: “You say you believe in these principles. Show me. When have you fought for conservative principles and what have you accomplished?” This is exactly the question we should be asking of any political candidate. Show. Me. The. Record.

News

Texas requires losing parties of frivolous lawsuits to pay their own costs

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From the Wall Street Journal, some good news on tort reform.

Excerpt:

This week, Texas Gov. Rick Perry signed a law that will help free Lone Star State businesses from the threat of frivolous lawsuits by enacting “loser-pays” tort reform. Prior to the legislation, litigants faced a no-lose situation, while defendants stood to lose everything—even for the most outrageous, bizarre and wrongful accusations.

Even when defendants won, the legal fees associated with protecting themselves could add up to tens of thousands of dollars. As a result, many pre-emptively settled out of court, as the settlement payment would be less than the legal fees. Under Texas’s new legislation, however, litigants will be forced to pay for the defendant’s attorney fees if the case is determined groundless. This will compel would-be litigants to consider the practicality of their complaint before taking legal action, and it will protect defendants from the dire financial impact of frivolous cases.

The Texas legislation should serve as a national model, especially as we recover from the Great Recession. America has the most expensive civil-justice system in the world, costing $255 billion in 2008, or nearly 2% of gross domestic product, according to a 2009 study by the firm Towers Perrin (now Towers Watson). That’s more than twice as much as any other industrialized nation as a percent of the GDP.

Small businesses—the engines of our economy and the creators of 64% of American jobs—are usually the target of frivolous lawsuits. In fact, small businesses paid 81% of business tort liability costs in 2008. On average, a small business earning $1 million must spend $20,000 annually on lawsuits—money they could have otherwise spent on product development or new job creation.

Softening the threat of frivolous lawsuits sparks economic activity. In 2003, for example, Texas put limits on non-economic damages in medical malpractice cases. Since then, the number of doctors applying to practice in the Lone Star State has jumped by 60%. The same can be expected of businesses that no longer have to fear the financial impacts of civil-lawsuit abuse.

One of the reasons why we are in an economic mess is because we have not reined in the excesses of the trial lawyers. And the Democrats will never be able to rein them in because they are the core of the Democrat party, along with labor unions, teacher unions, word-smithing academics, criminals, welfare recipients and Hollywood celebrities. The sheltered, non-productive segments of society, who have never had to run a business or make payroll.

Let me add this tort reform law (loser pays) to the other list of policies we need at the national level:

  • National right-to-work law
  • National photo ID required for voting
  • National voucher system for education
  • National voucher for health care
  • Nation cap on damages for lawsuits
  • allow Opt-out of Social Security
  • allow Opt-out of Medicare
  • allow Opt-out of Medicaid
  • allow Opt-out of unemployment insurance
  • Flat income tax at 10% below 50,000 and 25% over 50,000, with no deductions except for charity and retirement contributions
  • Zero capital gains tax, phased in over four years
  • Tax-free savings accounts with no restrictions on withdrawals, limit $5,000 per year

I hope the Republicans will campaign on these ideas.

Commentary

How much do lawsuits against businesses cost consumers?

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Consider this article from the Pacific Research Institute.

Excerpt:

When deciding where to start a business, expand operations, or relocate, entrepreneurs prefer states with balanced tort systems that discourage abusive lawsuits. In 2006, job growth was 57% greater in the 10 states with the best tort climates than in the 10 worst states. Business leaders are leery of Michigan because of its sky-high tort costs and skewed courtrooms.

Fear of lawsuits also causes companies to withdraw or withhold beneficial products. Volkswagen planned to sell a 46 m.p.g. three-wheel vehicle. This “green machine” would have cost only $17,000, but VW decided not to market it in the United States because of lawsuit fears.

Total direct tort costs were $255 billion in 2008. Abusive lawsuits cost every American a hidden “tort tax” of about $2,000 a year in higher prices and insurance premiums, fewer jobs and new products, lower wages and benefits for working people, reduced access to health care, and higher taxes to pay for court costs. And the current system is very inefficient at its intended purpose – less than 15 cents of every tort-cost dollar goes to compensate plaintiffs.

Here’s a video about the Tort Liability Index, which tracks which states have the best environment for business based on tort costs.

This is one reason why states like North Dakota have low unemployment while anti-business states like New York have high unemployment. And North Dakota has massive budget surpluses whereas New York is running massive deficits.