Tell me, for example, on tort reform why it is appropriate to have a federally mandated medical malpractice cap that is the same for Mississippi and New York, in spite of the different costs of living. Is this something the federal government should be sticking its nose into?
When you talk about tort reform, you must be talking about products liability. Or are you saying there should be comprehensive federal workers compensation regulation. The devil is in the details. I am in favor of tort reform, but I do not believe in giving anyone, including businesses and corporations, a blank check that is issued from Washington. This is dangerous and it is the easy way for business to solve issues, but it fails to address the particular needs of local jurisdictions. Aside from the military, the federal government has demonstrated no such competence. BTW, can you point me to something in the Constitution’s grant of enumerated powers to the federal government that gives it the right to invade what has been a state province for 200 years.
The fact is that most tort reform, like most good legislation, is best accomplished not by Washington but at the state level, through selection of good state judges and legislation passed by the state legislatures.
As far as George Bush is concerned, there is no comparison between him and Thompson. Thompson is a federalist , and I do not believe that Bush ever even pretended to be one. His expansion of the federal government, No Child Left Behind, Prescription drug benefits, excessive federal spending, no vetoes (other than stem cell research) in over 6 years sets him far apart form Thompson.
I am just going to disagree with you on the “haggard” look. That is your opinion not shared by many. And who is this group of “more vital” DNC candidates. Mondale was less haggard and more vital than Reagan, and he lost 49 states. So was Carter, and he lost 44 states.
I think that his interviews have ranged from above average to outstanding. And I have no idea what you mean about his businsess credentials.
This isn’t a matter of cost-of-living so much as it is a threat to all businesses. Yes, I believe this is one example where we absolutely need federal reform. It’s like I was suggesting with South Carolina. If that’s the only state with a law that provides a loophole for a tort lawyer, it allows a class-action suit to be filed on behalf of people from all states throughout the nation. Or it allows someone who is only tangentially affected in South Carolina to file suit for damages suffered in Oklahoma. Venue shopping is a real issue in this country.
And it’s something that affects us at a national level. Our businesses are paying enormous insurance premiums to fend off lawsuits. This isn’t about handing businesses a check. It’s about giving them a break. By limiting non-economic damages in tort cases, you not only diminish insurance premiums, but you also diminish the number of fraudulent lawsuits by diminishing expected payouts.
In every state where tort reform has been enacted, the cost of medical malpractice insurance has declined or remained steady (as compared to the sky-rocketing premiums paid throughout the rest of the country). This works well for medical claims in states that have been able to pass tort reform, but physicians are generally state-certified and insurance providers are often state-limited.
Another tort reform badly needed is limiting joint and several liability. And here is a perfect example of where national tort reform is needed. Company A produces a product that injures someone. But company B makes a component of this product. Company B has very deep pockets, and so the injured individual shops for a venue (i.e. a state) that does not have proportionate liability but has joint and several liability. Company B may at best have very minor involvement in process that caused the injury to the plaintiff, but they may be just as liable in a state where joint and several liability is practiced. If that product is sold in such a state, guess where that lawsuit is going to be filed? Obviously in the state where both pockets are equally accessible.
You need to be careful with this. One way of protecting the little guy is to enact a “loser pays” system as is seen in Britain. That way, you don’t have corporations endlessly holding up lawsuits, just waiting to bankrupt the little guy in legal fees.
It should be noted that the United States is the most litigious society on earth. This is greatly detrimental to our businesses as we try to compete with corporations in Asia. And we’re losing right now. Our levels of corportate taxation and insurance premiums are absolutely higher than what you see abroad. It’s killing us.
And I actually agree with you. Tort reform is best done at the state level. But we need to have federal groundwork to address the issues of venue shopping, etc..
I think Romney is particularly strong in this area:
http://mitt-tv.mittromney.com/?showid=47261
And I don’t mean to make this a Romney-Thompson fight. I like Thompson. Tort reform is just one area where I prefer Romney.