News Bush Administration Makes An End Run Around Congress

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The Bush administration is implementing tort reform through bureaucratic rule changes, making it harder for consumers to sue businesses for faulty products. Since 2005, 51 proposed or adopted rules have limited lawsuits across various sectors, raising concerns about federal preemption overshadowing state tort laws. Judges have expressed frustration with the FDA's recent stance that undermines state laws, which historically complemented federal safety regulations. Critics argue that this shift may reduce manufacturers' accountability for product safety, potentially leading to more injuries without recourse for victims. The discussion highlights the ongoing tension between limiting frivolous lawsuits and ensuring consumer protection against negligence.
  • #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?
 
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  • #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.''
 
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  • #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...
 
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  • #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)
 
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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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