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From Politico and Institute for Legal Reform (ILR):
House Judiciary approves tort reform
Poe, Gohmert were noticeably absent from the room when the panel rejected two amendments.
AP Photo
CloseBy BRETT COUGHLIN
2/16/11 9:42 PM EST Updated: 2/17/11 7:27 AM EST
The House Judiciary Committee on Wednesday approved a medical malpractice reform bill by an 18-15 party-line vote after turning aside several Democratic attempts to amend it, including one which mirrored the concerns of two Republican members of the panel.
The two Republicans, Texans Louie Gohmert and Ted Poe, were noticeably absent from the room when the panel rejected two amendments by Hank Johnson (D-Ga) aimed at striking provisions that would pre-empt state medical malpractice laws or constitutional provisions.
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Poe and Gohmert had raised concerns about those provisions when the markup began Feb. 9, saying they doubted the federal government has the power to do that under the Commerce Clause, and they wanted to make sure the bill doesn't violate states' rights under the 10th Amendment. Despite their concerns, both voted to send the bill to the full House.
Poe said he had stepped out of the committee room to meet with constituents and had "other meetings" when the vote was taken. Gohmert could not be reached for comment.
Judiciary Chairman Lamar Smith (R-Texas) promised that an amendment to deal with the issue would be considered during floor debate on the bill, which would put a three-year statute of limitations on medical lawsuits, cap non-economic damages at $250,000, and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. It would apply to lawsuits in federal and state courts, but it’s aimed at states that don’t already have their own tort reform laws.
“If you are a champion of states’ rights, you cannot vote this bill out of committee in good conscience,” Johnson said.
Rep. Zoe Lofgren (D-Calif.) quipped that the Republicans had changed their tune on states’ rights within the span of a few hours, noting that Virginia Attorney General Ken Cuccinelli had told the panel earlier that the health care overhaul was unconstitutional because it includes an individual mandate requiring everyone to buy insurance.
In the afternoon, she said, Judiciary Committee Republicans argued that the federal government can impose its will about medical malpractice laws and “intrude on states’ rights.”
“You can’t have it both ways,” she said.
Read more: http://www.politico.com/news/stories/0211/49703.html#ixzz1EF3i38Ep
House Judiciary approves tort reform
Poe, Gohmert were noticeably absent from the room when the panel rejected two amendments.
AP Photo
CloseBy BRETT COUGHLIN
2/16/11 9:42 PM EST Updated: 2/17/11 7:27 AM EST
The House Judiciary Committee on Wednesday approved a medical malpractice reform bill by an 18-15 party-line vote after turning aside several Democratic attempts to amend it, including one which mirrored the concerns of two Republican members of the panel.
The two Republicans, Texans Louie Gohmert and Ted Poe, were noticeably absent from the room when the panel rejected two amendments by Hank Johnson (D-Ga) aimed at striking provisions that would pre-empt state medical malpractice laws or constitutional provisions.
Continue Reading Text Size
-+reset Listen Latest on POLITICO
Isaa: Subpoena not aimed at lawmakers
Reps target Pelosi Capitol project
Perriello better for Obama than Kaine?
Boehner ups chance of shutdown
VIDEO: POLITICO Playback
Green groups to Rahm: Pick a side!
POLITICO 44
Poe and Gohmert had raised concerns about those provisions when the markup began Feb. 9, saying they doubted the federal government has the power to do that under the Commerce Clause, and they wanted to make sure the bill doesn't violate states' rights under the 10th Amendment. Despite their concerns, both voted to send the bill to the full House.
Poe said he had stepped out of the committee room to meet with constituents and had "other meetings" when the vote was taken. Gohmert could not be reached for comment.
Judiciary Chairman Lamar Smith (R-Texas) promised that an amendment to deal with the issue would be considered during floor debate on the bill, which would put a three-year statute of limitations on medical lawsuits, cap non-economic damages at $250,000, and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. It would apply to lawsuits in federal and state courts, but it’s aimed at states that don’t already have their own tort reform laws.
“If you are a champion of states’ rights, you cannot vote this bill out of committee in good conscience,” Johnson said.
Rep. Zoe Lofgren (D-Calif.) quipped that the Republicans had changed their tune on states’ rights within the span of a few hours, noting that Virginia Attorney General Ken Cuccinelli had told the panel earlier that the health care overhaul was unconstitutional because it includes an individual mandate requiring everyone to buy insurance.
In the afternoon, she said, Judiciary Committee Republicans argued that the federal government can impose its will about medical malpractice laws and “intrude on states’ rights.”
“You can’t have it both ways,” she said.
Read more: http://www.politico.com/news/stories/0211/49703.html#ixzz1EF3i38Ep
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