Weeks ago, we discussed a provision in the House health care bill that cuts off grant money for states that impose meaningful caps on medical malpractice claims. But that’s not the only gift for trial lawyers that is tucked away in the 2,000 pages of the House-passed health care bill.
There are good reasons why plaintiffs’ lawyers give so much money to the Democratic Party, and why Linda Lipsen, the top lobbyist for the American Association for Justice, has visited the White House at least five times this year. Trial lawyers’ see their political agenda on the advance. After years of playing defense, they are now attempting to overturn five Supreme Court decisions in one year and to add other new provisions into law that will mean more money for them.
The following language, which could put any layman to sleep, comprises section 257 of the bill:
Any State attorney general may bring a civil action in the name of such State as parens patriae on behalf of natural persons residing in such State, in any district court of the United States or State court having jurisdiction of the defendant to secure monetary or equitable relief for violation of any provisions of this title or regulations issued thereunder.
The first reason for alarm: AG stands for “Aspiring Governor” in most states, and certain attorneys general — think Elliot Spitzer — have been rather shameless over the years about using the office as part of their own political advancement strategy.
This means that, as businesses struggle to comply with the tens of thousands of pages of regulations that will follow passage of the 2,000-page health care bill, unscrupulous attorneys general will have the opportunity to target nearly any business they choose.
But the Attorneys General won’t be working alone, because they can also hire trial lawyers. The federal government is barred by this Bush-era executive order from contracting private lawyers to sue on its behalf and collect contingency fees. But state attorneys general do this routinely, and the lawyering contracts often go out on a pay-to-sue basis to those who are politically well-connected and make the right campaign contributions. If state AGs can sue in state or federal court to enforce insurance laws, the door opens for trial lawyers to buy their way in.
So in addition to the other front-loaded costs contained in ObamaCare, American businesses can look forward to being sued — a lot. And if they’re very unlucky, then the expected confusion of the new health care regime will result in their paying legal fees to private trial lawyers, too.
