On the recordSeptember 14, 2004
I am profoundly concerned about the erosion of the independence and statehood role in our judicial system. This bill is just another attack on access to the courts, and the latest attempt to override existing State laws. At this rate, we will have a justice system available only to corporate America. Litigation costs already make the courts unavailable for the average person and small business. This bill takes our country further in the wrong direction. This bill will not "take back the courts" for plaintiffs. To the contrary, Congress continues to block access to justice. Imagine a system that leaves the tobacco industry unchecked. Imagine the number of unnecessary deaths if the trial bar could not keep unsafe tires off our cars. Or a justice system that fails to uncover contamination of public water supplies. We need the private sector. The trial bar plays an important role in the protection of American consumers. Yet, I dare say, we are going in the wrong direction. In another all-too-familiar pattern for this Congress, this bill is another court-stripping measure limiting judicial discretion. From civil rights claims to constitutional challenges, this Congress strips courts of their ability to hear cases. Congress--not a judge sitting in a courtroom--wants to decide if a case is meritorious. Congress--not a judge--will establish inflexible guidelines and impose mandatory sanctions for lawyers.
Source
govinfo.gov




