along
with innumerable criminal legal actions against “them.” Pollute
and get sued. Cook the books, get caught, get sued and maybe go to
jail. If corporate America would play by the “rules” it wants
all of us to play by; was as concerned about the people of this
nation--without whose purchasing dollars corporate America would not
exist--as it is with the bottom line, its profits, maybe, just
maybe, they would not get sued for doing harm, or have fines and
penalties levied for illegal activities like violating labor laws
for example.
Both
of these issues, medical malpractice lawsuits and corporate
liability lawsuits as such, are not the focus of this commentary.
This in no way suggests they are not important issues, as they are
very important issues. How else are we able to compel companies,
Doctors, organizations to conduct their business and practices in a
fair, just and professional manner but by, and through letting them
all know if they violate our trust we will see them in court. If we
are harmed, we will see them in court. If they poison our water, our
air, our land, we will see them in court. These are issues that will
be dealt with in another commentary.
That
being said, at the core of Bush and the Republican Party wanting to
“cap” or, if possible, eliminate liability lawsuits by
individuals and especially class action lawsuits, is a much broader
strategy to “de-fund” the Democratic Party. A substantial
portion of the Democratic Party’s funding is donations from trial
lawyers and their associations. These are the lawyers that generally
speaking are the ones that hold the practitioners of bad medicine
and companies that violate the law accountable by representing those
that have been harmed.
In
short, eliminate the lawsuits, you eliminate a chief source of funds
for lawyers and therefore their ability to donate to the Democratic
Party. Lose enough funding sources and you might as well hang a sign
on the door saying, “Gone fishin’ don’t know when, or if
I’ll be back.” George Lakoff, professor of Cognitive Science and
Linguistics at the
University
of
California
at
Berkley
has given this a name, “Strategic Initiatives.”
According
to Prof Lakoff a Strategic Initiative is defined as “a plan in
which a change in one carefully chosen issue area has automatic
effects over many, many, many other issues areas.” It works like
this for example: take the issue of tax cuts—seems easy enough and
pretty straight forward, however, the tax cuts have reduced the
funds in the treasury available for social spending so they, the
social programs get reduced funds or are cut entirely—the result
is what they are after in the end—“Starve the Beast” and
eliminate all social safety net programs of the past 50 years.
Then
there is the issue of liability lawsuits. Stifle the lawsuits; make
it more difficult to get into court by switching from state courts
to federal courts; end these lawsuits (which the Bush cabal refers
to as Tort reform) and with one stroke of the pen they will have
eliminated all the potential lawsuits that will be the basis of
future environmental legislation and regulation.
“If
parties who are harmed cannot sue immoral or negligent corporations
or professionals for significant sums, the companies are free to
harm the public in unlimited ways in the course of making money. And
lawyers, who take risks and make significant investments in such
cases, will no longer make enough money to support the risk. And
corporations will be free to ignore the public good.” This is what
is at the heart of the Bush cabals push to, at the very least,
greatly curtail liability lawsuits under the guise of “Tort
reform.”
Bush
and the Republican Party do not care primarily about the individual
lawsuits in and of themselves; what they are actually after is not
enumerated in their proposal. As what Bush and the Republican Party
are after is the elimination across the board of environmental,
consumer and worker/labor protections.
When
looking at “strategic initiative” one must keep in mind what
Bush and company have been doing to and with the federal courts in
terms of those that have been given lifetime appointments as federal
judges to sit on those courts. Those that Bush has had placed on the
courts will be the ones making the decisions on the Bush and
Republican Party’s proposed liability lawsuits. Those that Bush
has placed on the courts are like minded political ideologues—one
only need look at the decisions being made by Bush appointed judges
to discern this. The ultimate stacked deck!
It
does not take a genius or rocket scientist to see and understand the
direction this nation is being led under Bush and the Republican
Party’s “leadership” (and I use that term loosely)—a highly
centralized government with them as its head. A Theocracy-Oligarchy
combination, a one party system, an American “Taliban” of sorts
in which individual freedoms, personal liberties, democracy will
just evaporate as what we will be left with is a nation with the
trappings of democracy without being a democracy in actual fact.
Four
more years, or 40 more years? Your vote in November is not just a
vote for President, but a new Supreme Court.
Suggested
Readings
:
Moral
Politics:
George
Lakoff
Don’t
Think of an Elephant! Know Your Values and Frame the Debate:
George
Lakoff
Tort
Reform Reader
http://www.tompaine.com/feature.cfm/ID/7245
Tort
Reform Myths
http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=5671
Starve
the Beast
http://en.wikipedia.org/wiki/Starve_the_beast
Independent
Judiciary
http://www.independentjudiciary.com/
Save
Our Courts
http://saveourcourts.civilrights.org/
Pending
Bush Nominees
http://www.naral.org/Issues/courts/pending_anti_judges.cfm
The
Rockridge Institute: Prof. George Lakoff, Senior Fellow
http://www.rockridgeinstitute.org/