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  • Did the Founders’ Constitution Permit Federal Tort Reform?0

    • November 23, 2012

    NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad

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  • Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional0

    • July 27, 2012

    Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the Republican plan to “replace Obamacare.” Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national

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  • House Rules Committee: “Violate Your Oath No Matter How You Vote!”0

    • March 15, 2012

    It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority. Republicans controlling the House Rules Committee have added sweeping new mandates on the states to a bill repealing part of Obamacare. The result is revised H.R. 5. Just on good government grounds, those two very different items do

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