WASHINGTON. November 12, 2012 — Anyone who assumes that the Republican Party and the Tea Party have a similar agenda is greatly mistaken.
The Tea Party agenda includes smaller government, less intrusion of government into the lives of Americans, following the Constitution and liberty.
John Boehner and the House Republicans have a far different agenda. Their agenda includes larger government run by Republicans. Their agenda includes an assault on liberty and intrusions into the lives of Americans. They give the Constitution great lip service, but that is about it.
This week, the House is considering another John Boehner assault on the Constitution and on liberty.
This one is called the “Lawsuit Abuse Reduction Act” or LARA for short. The idea behind the bill is that the Federal Courts should sanction any lawyer or plaintiff for bringing a “frivolous” lawsuit.
Once again the GOP is throwing out the myth of the frivolous lawsuit clogging the legal system and costing businesses billions of dollars.
The cold hard truth is that lawyers do not bring frivolous lawsuits because lawyers can already be sanctioned for that and, more importantly, they will not get paid.
John Boehner is carrying the water for the Chamber of Commerce that defines a “frivolous” lawsuit as any lawsuit that is filed against a business, regardless of the liability of the business.
John Boehner is too busy to read the Constitution and perhaps if he did he would notice there is a 7th Amendment to the Constitution that guarantees citizens a right to a civil jury trial.
More importantly, other than just an esoteric discussion of Constitutional law, is the possible impact of this really bad law.
In the last few years, the only major advances in a conservative agenda have come from the Courts. In Citizens United vs. The Federal Election Commission, litigation saved the First Amendment and had the majority of the law known as McCain-Feingold declared unconstitutional. In District of Columbia vs. Heller, the Supreme Court invalidated the District of Columbia’s de facto repeal of the Second Amendment.
Conservative groups continue to litigate issues like Obamacare, the EPA’s war on coal and American energy, Freedom of Information Act Requests that the Obama Administration stonewalls and other important litigation.
LARA could be used not only to deter but also to strangle conservative groups that use litigation as a powerful tool in the fight against the Obama Administration’s war on liberty.
The GOP’s support of LARA is purely political. It is payback against the Trial Lawyers who are huge Democrat supporters and funders.
Why the trial lawyers are so in love with the Democrats remains a mystery to many conservatives. The 7th Amendment was one of the greatest strokes of genius in protecting freedom and liberty and freedom and liberty are things the hard left cannot stand.
America’s constitutional freedoms are too important to allow petty partisan politics to interfere with them. LARA is a law that should be sent to the dustbin of rejected legislation and any legislator who supports it should see a primary opponent in 2014.
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