Bush Administration Makes An End Run Around Congress

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In summary, the Bush administration has found a quieter way to make it more difficult for consumers to sue businesses over faulty products by including lawsuit limits in 51 rules proposed or adopted since 2005. This is being done through federal preemption, which trumps state laws that govern liability for injuries caused by another person. Some judges have even expressed concern about the FDA's undermining of state tort law. The issue of tort reform and frivolous product lawsuits has been a long-standing one, with some arguing that it drives up costs while others argue that it is necessary for holding negligent parties accountable. The debate on this topic continues, with differing opinions on the best way to handle tort law and class action suits.
  • #36
You mean that you believe that federal prosecutors, the FDA and the NHTSA are part of the Judical branch?

You clearly do.

The legislative branch makes the laws that the Justice Department upholds. The Executive branch has bypassed that process.

Legislative branch... Executive branch... Justice Department. This is obviously what you believe to be the three branches of our form of government! It ain't!
Even Wiki gets this right:
The President is at the head of the executive branch of the federal government, whose role is to enforce national law as given in the Constitution and written by Congress.

(Hint: All agencies of the Federal government, especially those that have "department" as part of their name are controlled by the EXECUTIVE BRANCH of the Government)
 
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  • #37
chemisttree said:
You mean since CAFA was enacted by the Legislative Branch? Should all of our laws remain unchanged when Congress has passed laws meant to change them?

You seem to be stuck on CAFA, there is a lot more involved now.

BTW This was not my quote it was the quote of a Federal Appeals Court judge in reference to an FDA decision. Blessed by the Bush Administration Federal agencies have started bypassing due process in the tort system. But you already know that you seem to just talk around it.


In a recent decision, a federal appeals court judge wrote that the FDA has for over three-quarters of a century viewed state tort law as complementary to the agency's safety warnings on prescription drug packages and ''only for the last two years has it claimed otherwise.''

The link is in the OP should you care to read it.
 

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