LettersNovember 10, 2004 An Open Letter to Republicans on the Senate Judiciary Committee: Arlen Specter Is a Trial Lawyer's -- Not a Taxpayer's -- FriendDear Senator:
On
behalf of the 350,000 members of the National Taxpayers Union (NTU), I
write to urge you to take a principled stand and vote against Senator Arlen Specter becoming
the new Chairman of the
Senate Judiciary Committee.
For
four years Republicans bitterly complained that Senate Democrats unfairly
stymied President Bush's judicial nominees and policy agenda. With the
dismissal by South Dakota voters of the Senate's chief obstructionist,
Senator Tom Daschle, the path has been cleared for the President to pursue
those taxpayer friendly initiatives -- like tort reform -- that have been
languishing in the Senate.
Tort
costs in the U.S. have reached $250 billion a year, amounting to a "tax" of
five percent on all Americans. And, lawsuit abuse is accelerating the rapid
increase in health care costs and driving doctors out of business.
Last
year the House passed the Lawsuit Abuse Reduction Act of 2004 (H.R. 4571),
which would help alleviate the tort burden on the American people. However,
the legislation has yet to pass out of the Senate Judiciary Committee.
Should H.R. 4571 fail to move in the Senate over the next several weeks,
it is a sure bet that similar legislation will reappear before the Judiciary
Committee in 2005.
Although
the prospects for crucial tort reform will be brighter in the 109th Congress,
one man could derail chances for passage: Senator Arlen Specter. Despite
being at odds with his own party's support for necessary tort reform, Senator
Specter is now in line to replace Senator Orrin Hatch as Chairman of the
Judiciary Committee.
According
to public records for the 2003-2004 election cycle, Arlen Specter ranked
number five in the Senate in terms of campaign funds received from lawyers
and law firms. Only John Kerry, John Edwards, Joe Lieberman, and Tom Daschle
received more. In fact, lawyers and law firms gave Senator Specter over $1.8
million -- almost three times as much as the next closest industry.
Normally,
NTU is wary of raising such "follow the money" issues, as they only encourage
ill-advised public financing schemes for political campaigns. In this case,
however, the comparison is relevant for a different reason. Why would Republicans,
after defeating Kerry, Edwards, and Daschle in part by criticizing their
trial-lawyer financing, simply hand the Judiciary Committee gavel to someone
who shares this triumvirate's disdain for tort reform? This is precisely
the politically embarrassing scenario that will occur should the GOP allow
rigid institutional rules on seniority to carry the day.
The
results of last week's election showed that the majority of Americans believed
Republican claims about Democratic obstructionism inhibiting Congress's ability
to do the people's work. But now that excuse is rendered moot. Should the
GOP allow Senator Specter to become Chairman of the Judiciary Committee,
and should this decision continue to impede the President's agenda on issues
like tort reform -- the electorate will be within their right to hold Republicans
responsible.
Sincerely,
Tad DeHaven
Economic Policy Analyst
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