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02/09/2005 Entry:
"Ownership Society" Justice
The Republican Senate is addressing the problem of what it calls "frivolous" lawsuits by offering as many as 5 bills, all for the purpose of curbing the so-called power of trial lawyers. The first of these bills attacks class-action suits. It's "frivolous," Republicans say, that trial lawyers make so much money, and that trial lawyers go "forum shopping" - seeking courts more friendly to consumers. Of course, corporate lawyers, who help huge corporations like Enron and WorldCom, do not make any money and do nothing "frivolous" and never "forum shop." But then, they seek justice by serving the owners in the "ownership society." Trial lawyers, however, merely serve non-owners, average people who have been robbed or terribly harmed.
The bill now being debated will move many class-action suits from state to federal courts. This does not sound so unreasonable, until you realize the reason for this bill. First of all, federal courts are considered to be more friendly to business. Secondly, federal courts are extremely busy, which means that class-action suits will face long delays, thus discouraging people from starting suits to begin with.
You see that the primary concern of Republicans is helping big corporations. They are the owners in the "ownership society." Listen to what our president says:
"It creates a competitive disadvantage in a global economy for the American economy to have so many lawsuits.... It imposes unfair costs on job creators. It raises prices for consumers. Our legal system must serve the cause of justice, not the interests of trial lawyers."
Get that? Let's protect the "job creators." Let's get rid of "trial lawyers" who work for people who do NOT create jobs. You're worried about corporate lawyers involved in corporate scam? Forget it. Corporate lawyers are busy helping the "job creators."
I want to stress an important point: Bush and the Republicans are not against trial lawyers, per se; they are against ordinary Americans suing multinational corporations, something trial lawyers help them do. As Carlton Carl, of the Association of Trial Lawyers, says:
"Trial lawyers are just surrogates for American families whose rights Sen. Frist and President Bush would like to take away to enhance the rights of drug, tobacco, insurance and chemical industries, among others."
Some Democratic senators, Dianne Feinstein among them, are in favor of this bill. This is shameful.
The true sentiments of Democrats was voiced by Senator Patty Murray of Washington:
"This bill tips the scales of justice against the average American."
Exactly. This is "ownership society" justice. Not justice for all.
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