I certainly join Senator Hollings with regard to the remarks that have been made by the distinguished Senator from Tennessee and the distinguished Senator from Mississippi. The Senator from Mississippi talked about the fact that here we are really going with this, a product liability to, in effect, change all civil actions; changing the tort laws. All of a sudden, we have adopted the Dole amendment which extends to all civil actions affecting commerce. Of course, under the laws pertaining to commerce, it does not say 'interstate commerce.' It says 'commerce.' I mean some people resent the decision pertaining to the Lopez case that was handed down. But this does not say 'interstate commerce.' It says affecting 'commerce'--the language in the Dole amendment. I wonder, how far does this go? Of all civil actions? Civil actions, if there are civil rights cases, based on State law? Is it covered by this? Does this apply to that? If there are civil rights cases under Federal law, are they affected by this? There are so many questions that are raised. There have been, for example, longstanding railroad laws pertaining to FELA cases. Are they affected by that? There are longstanding admiralty laws which are civil cases; are they affected by these amendments? Is the Jones Act, which is another matter pertaining to seafarers, affected by this act? There are so many things that just immediately come to mind that raise concerns in my mind.
Editor's note · Context
Discussing concerns about the implications of the Dole amendment on civil actions and tort laws.
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