Posted on 07/07/2005 5:33:43 AM PDT by OESY
...Justice O'Connor sounded the alarm against what she's termed "the increasing, and on many levels frightening, overlegalization of everyday life in our country today."
The Supreme Court's first female justice is best known in tort circles for her long crusade to bring punitive damage awards under constitutional due-process scrutiny, a position for which she eventually assembled a majority that includes several of her liberal colleagues (though not conservatives Antonin Scalia and Clarence Thomas). Quoting a Ninth Circuit opinion, Justice O'Connor has expressed concern at the way demands for punitive damages can be "limited only by the ability of lawyers to string zeros together in drafting a complaint".... Because of her persuasiveness, such awards are now rarer.
In speeches, Justice O'Connor has been so bold as to take on that jealously guarded benefice of the American bar, the lawyers' contingency fee....
To be sure, Justice O'Connor's legacy is at best mixed on one of the root causes of a high rate of litigation, namely vagueness in underlying legal rules....
It's all quite a baffling mystery if you accept the oft-noised view that today's Democratic leadership is in thrall to social liberalism and views the defense of Roe v. Wade as its No. 1 priority. One possible clue is that while none of Sen. Reid's four faves are identified with the GOP's socially liberal Chafee-Snowe wing, all four (unlike, say, Sen. Cornyn) have repeatedly broken partisan ranks to side with the Democrats and the organized bar against liability reforms. In fact, Sens. Graham, Martinez and Crapo all practiced as plaintiff's lawyers before coming to the Senate. Could it be that Sen. Reid is ready to sell out the interests of his party's social-liberal faction in order to protect the interests of its organized-lawyer faction?....
(Excerpt) Read more at opinionjournal.com ...
"Could it be that Sen. Reid is ready to sell out the interests of his party's social-liberal faction in order to protect the interests of its organized-lawyer faction?...."
No.
Has anyone else noted that even the WSJ acknowledges that
reid gets to pick the next nominee? Whats wrong with this picture?
I agree. The 'Rats have anchored themselves solidly to maintaining a woman's right to murder her unborn NO MATTER WHAT.
Would Reid sell out one for the other?
Reid would sell his grandmother for a favorable vote.
Have you ever thought that not every WSJ editorial is on the side of conservatives -- they have been touting Reid a lot lately. Reid's chance of helping choose the next SCOTUS -- zero, zip, nada. Want to see Reid go toe to toe with Fred Thompson who will be looking down at the twerp!
Yes I did. What party is in charge again?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.