Bush Administration Makes An End Run Around Congress

  • Context: News 
  • Thread starter Thread starter edward
  • Start date Start date
Click For Summary

Discussion Overview

The discussion revolves around the implications of tort reform initiatives by the Bush administration, particularly how these changes affect consumer rights and liability in cases involving faulty products. Participants explore the legal, ethical, and practical ramifications of limiting lawsuits against businesses, especially in the context of medical and automotive industries.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Technical explanation

Main Points Raised

  • Some participants express concern that the Bush administration is circumventing Congress to implement tort reform, which could hinder consumers' ability to sue for damages caused by faulty products.
  • There are mixed feelings about the legal profession, with some arguing that the presumption of dishonesty leads to excessive legal protections for companies, while others highlight the necessity of accountability for negligent actions.
  • Participants discuss specific cases, such as the Dennis Quaid incident, to illustrate the complexities of liability and the role of the FDA in product labeling and safety.
  • Some argue that frivolous lawsuits contribute to rising costs in healthcare and other industries, while others question how injured parties can seek justice against powerful corporations.
  • Concerns are raised that limiting tort claims may reduce manufacturers' incentives to address safety flaws in products, particularly in the automotive sector.
  • Participants reference the Class Action Fairness Act of 2005 and its implications for lawsuits against out-of-state parties, highlighting differing political perspectives on the issue.
  • Examples of past cases are discussed, including the Durrill case against Ford, to illustrate the potential consequences of tort reform on consumer safety and corporate accountability.

Areas of Agreement / Disagreement

Participants do not reach a consensus; multiple competing views remain regarding the effectiveness and consequences of tort reform, the role of the legal system, and the balance between consumer protection and corporate interests.

Contextual Notes

Participants express uncertainty about the implications of recent legal changes and the historical context of state tort law, noting that it has become a contentious issue only in recent years.

  • #31
edward said:
I just believe that the legislative branch should be doing it and not the executive. Although I readily admit the congress has not done their job, we will now end up in a situation where many legitimate concerns can not be addressed in the courts.

This is the craziest thing I've ever heard. Should the Legislative branch control the operation of the Justice Department? You don't see a problem with that? Have you read the Constitution?
 
Physics news on Phys.org
  • #32
chemisttree said:
This is the craziest thing I've ever heard. Should the Legislative branch control the operation of the Justice Department? You don't see a problem with that? Have you read the Constitution?

I didn't say that. You did. The legislative branch makes the laws that the Justice Department upholds. The Executive branch has bypassed that process.

Should the executive branch control the operation of the Justice Department? It certainly has been.

edit: From the OP

In some instances, judges seem as exercised as consumer advocates about the FDA's undermining of lawsuits under state tort law.

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.''
 
Last edited:
  • #33
edward said:
I didn't say that. You did. The legislative branch makes the laws that the Justice Department upholds. The Executive branch has bypassed that process.

Should the executive branch control the operation of the Justice Department? It certainly has been.

You mean the FBI, federal prosecutors, FDA, etc?

Please tell me you aren't confusing the Justice Department with the Judicial Branch of the gov't...
 
Last edited:
  • #34
edward said:
In some instances, judges seem as exercised as consumer advocates about the FDA's undermining of lawsuits under state tort law.

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.''

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?
 
  • #35
chemisttree said:
You mean the FBI, federal prosecutors, FDA, etc?

Please tell me you aren't confusing the Justice Department with the Judicial Branch of the gov't...

Please tell me you aren't:rolleyes:
 
  • #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)
 
Last edited:
  • #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.
 

Similar threads

  • · Replies 24 ·
Replies
24
Views
10K
  • · Replies 4 ·
Replies
4
Views
3K
  • · Replies 46 ·
2
Replies
46
Views
9K
  • · Replies 9 ·
Replies
9
Views
4K
Replies
9
Views
3K
  • · Replies 21 ·
Replies
21
Views
5K
  • · Replies 3 ·
Replies
3
Views
4K
  • · Replies 10 ·
Replies
10
Views
4K
  • · Replies 65 ·
3
Replies
65
Views
11K
  • · Replies 29 ·
Replies
29
Views
10K