The Silent Tort Reform

Staff Writer
Contributor
Posted by Staff WriterApril 12, 2006 10:39 AM

Years ago, the Republican party prided itself on limiting the federal government's intrusion into our lives. One legislator joked, "No free man is safe, when the legislature is in session." In many instances, Republicans would take the position that states should have the right to legislate relating to their citizens. This was consistent with the Federalist and what was wrong with governance by the King. However, Corporate America has now taken a new route in attempting to block the right of American citizens to go to Court.

Federal agencies in Washington, whose purpose is to regulate certain industries, have gotten in the business of tort reform. At the urging of big business and powerful lobbyists, several federal regulatory agencies have inserted clauses that would limit the ability for certain claims to see the courtroom. Specifically, there have been sixteen state Attorney Generals who have recently sent a letter to the National Highway Traffic Safety Administration because that agency has attempted to limit certain regulations and actually preempt such things as roof safety rules.

This attempted regulation adoption is known in circles as "silent tort reform" because such regulations fly under the radar and without the requirement of legislation. Accountability is being removed by the hands of bureaucrats. In addition, such actions by federal agencies actually attempt to place federal regulations over state's rights. Unless the bureaucrats can be stopped and held accountable, this "trojan horse" of regulation will eat away at our rights until it is too late.


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