On the recordMarch 6, 1995
You have got the same drag on the plaintiff as there is on the defendants, because the lawyer has to carry the burden. He is not going to do it unless he thinks he has a good chance of winning. That is the whole point of this. I would simply conclude by pointing out the argument, at bottom, on your side of the aisle is we do not have any faith in the judges, most of whom were appointed by Republican Presidents, and we do not have any faith in the American people when you take them 12 at a time and put them in the jury box and show them facts, so we are going to try to write the rules in a way to make sure nobody ever files a case unless it is an absolute slam dunk winner. I do not think that is fair to the middle class. I think you should vote for the Berman amendment.
Source
govinfo.gov
