Posted by Orin Kerr:
Federalism and Tort Reform:
On the [1]Greedy Clerks board, AWC raises an interesting question: are
conservatives hypocritical for favoring federal tort reform? After
all, conservatives are usually in favor of limited federal goverment.
When it comes to tort reform, however, many conservatives sing a
different tune: suddenly they switch to talking about the dangers of
state regulation and the need for federal protection of businesses.
Are these conservatives just a bunch of hypocritical fair-weather
federalists who want to protect businesses but not people? Or are
pro-plaintiff state courts effectively creating inconsistent state
regulatory schemes -- exactly the kind of problem that the Commerce
Clause power was designed to address?
I have enabled comments.
References
1. http://www.infirmation.com/bboard/clubs.tcl?topic=Greedy%20Clerks
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