Federalism and Tort Reform:
On the Greedy Clerks board, AWC raises an interesting question: are conservatives hypocritical for favoring federal tort reform? After all, conservatives are usually in favor of limited federal goverment. When it comes to tort reform, however, many conservatives sing a different tune: suddenly they switch to talking about the dangers of state regulation and the need for federal protection of businesses. Are these conservatives just a bunch of hypocritical fair-weather federalists who want to protect businesses but not people? Or are pro-plaintiff state courts effectively creating inconsistent state regulatory schemes — exactly the kind of problem that the Commerce Clause power was designed to address?
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