The Protecting Access to Care Act of 2017 advances the disturbing trend toward the ‘federalization’ of state tort law that is contrary to constitutional principles and represents an undue restriction on freedom.
West Des Moines, Iowa (PRWEB) June 10, 2017
The American Future Fund has joined a host of groups in a letter to House Speaker Paul Ryan, outlining the groups’ opposition to H.R. 1215.
An excerpt is below:
“The undersigned conservative organizations are writing to express our opposition to H.R.1215, the ironically entitled Protecting Access to Care Act of 2017, which advances the disturbing trend toward the ‘federalization’ of state tort law that is contrary to constitutional principles and represents an undue restriction on freedom.
“Among other provisions, the legislation – which is being quietly fast-tracked through Congress without hearing and with limited debate – establishes federal caps on damages in malpractice suits. Regardless of the merits of this bill, it is critical to note that more than 30 states already have some form of cap on damages in such litigation, while 18 others bar such restrictions on awards either by constitutional provision or via state court decisions holding them unconstitutional.
“This diversity of approach among the states, which may be viewed as inconvenient by members of Congress and special interests, IS a feature, not a bug, of our system of federalism. It is exactly the result the Founders intended when they ensured the ability of these sovereign units of government to serve as “laboratories of democracy” that allow our nation to test the outcomes of various policies – and give their citizens freedom of choice as to systems of government and the law under which they prefer to live.”