By contrast, Senators Clinton, Edwards and Kerry joined 23 others to vote against CAFA, noting the “reform” was a thinly-veiled “special interest extravaganza” that favored banking, creditors and other corporate interests. David Sirota, the former spokesman for Democrats on the House Appropriations Committee, commented on CAFA in the June 26, 2006 issue of The Nation, “Opposed by most major civil rights and consumer watchdog groups, this Big Business-backed legislation was sold to the public as a way to stop "frivolous" lawsuits. But everyone in Washington knew the bill's real objective was to protect corporate abusers.”
Nation contributor Dan Zegart noted further: “On its face, the class-action bill is mere procedural tinkering, transferring from state to federal court actions involving more than $5 million where any plaintiff is from a different state from the defendant company. But federal courts are much more hostile to class actions than their state counterparts; such cases tend to be rooted in the finer points of state law, in which federal judges are reluctant to dabble. And even if federal judges do take on these suits, with only 678 of them on the bench (compared with 9,200 state judges), already overburdened dockets will grow. Thus, the bill will make class actions – most of which involve discrimination, consumer fraud and wage-and-hour violations – all but impossible. One example: After forty lawsuits were filed against Wal-Mart for allegedly forcing employees to work "off the clock," four state courts certified these suits as class actions. Not a single federal court did so, although the practice probably involves hundreds of thousands of employees nationwide.”
Why would a civil rights lawyer knowingly make it harder for working-class people to have their day in court, in effect shutting off avenues of redress?
CREDIT CARD INTEREST RATES:
Obama has a way of ducking hard votes or explaining away his bad votes by trying to blame poorly-written statutes. Case in point: an amendment he voted on as part of a recent bankruptcy bill before the US Senate would have capped credit card interest rates at 30 percent. Inexplicably, Obama voted against it, although it would have been the beginning of setting these predatory lending rates under federal control. Even Senator Hillary Clinton supported it.
Now Obama explains his vote by saying the amendment was poorly written or set the ceiling too high. His explanation isn’t credible as Obama offered no lower number as an alternative, and didn’t put forward his own amendment clarifying whatever language he found objectionable.
Why wouldn’t Obama have voted to create the first federal ceiling on predatory credit card interest rates, particularly as he calls himself a champion of the poor and middle classes? Perhaps he was signaling to the corporate establishment that they need not fear him. For all of his dynamic rhetoric about lifting up the masses, it seems Obama has little intention of doing anything concrete to reverse the cycle of poverty many struggle to overcome.
LIMITING NON-ECONOMIC DAMAGES:
These seemingly unusual votes wherein Obama aligns himself with Republican Party interests aren’t new. While in the Illinois Senate, Obama voted to limit the recovery that victims of medical malpractice could obtain through the courts. Capping non-economic damages in medical malpractice cases means a victim cannot fully recover for pain and suffering or for punitive damages. Moreover, it ignored that courts were already empowered to adjust awards when appropriate, and that the Illinois Supreme Court had previously ruled such limits on tort reform violated the state constitution.
In the US Senate, Obama continued interfering with patients’ full recovery for tortious conduct. He was a sponsor of the National Medical Error Disclosure and Compensation Act of 2005. The bill requires hospitals to disclose errors to patients and has a mechanism whereby disclosure, coupled with apologies, is rewarded by limiting patients’ economic recovery. Rather than simply mandating disclosure, Obama’s solution is to trade what should be mandated for something that should never be given away: namely, full recovery for the injured patient.
MINING LAW OF 1872:
In November 2007, Obama came out against a bill that would have reformed the notorious Mining Law of 1872. The current statute, signed into law by Ulysses Grant, allows mining companies to pay a nominal fee, as little as $2.50 an acre, to mine for hardrock minerals like gold, silver, and copper without paying royalties. Yearly profits for mining hardrock on public lands is estimated to be in excess of $1 billion a year according to Earthworks, a group that monitors the industry. Not surprisingly, the industry spends freely when it comes to lobbying: an estimated $60 million between 1998-2004 according to The Center on Public Integrity. And it appears to be paying off, yet again.
The Hardrock Mining and Reclamation Act of 2007 would have finally overhauled the law and allowed American taxpayers to reap part of the royalties (4 percent of gross revenue on existing mining operations and 8 percent on new ones). The bill provided a revenue source to cleanup abandoned hardrock mines, which is likely to cost taxpayers over $50 million, and addressed health and safety concerns in the 11 affected western states.
Later it came to light that one of Obama’s key advisors in Nevada is a Nevada-based lobbyist in the employ of various mining companies (CBS News “Obama’s Position On Mining Law Questioned. Democrat Shares Position with Mining Executives Who Employ Lobbyist Advising Him,” November 14, 2007).
REGULATING NUCLEAR INDUSTRY:
The New York Times reported that, while campaigning in Iowa in December 2007, Obama boasted that he had passed a bill requiring nuclear plants to promptly report radioactive leaks. This came after residents of his home state of Illinois complained they were not told of leaks that occurred at a nuclear plant operated by Exelon Corporation.
Nation contributor Dan Zegart noted further: “On its face, the class-action bill is mere procedural tinkering, transferring from state to federal court actions involving more than $5 million where any plaintiff is from a different state from the defendant company. But federal courts are much more hostile to class actions than their state counterparts; such cases tend to be rooted in the finer points of state law, in which federal judges are reluctant to dabble. And even if federal judges do take on these suits, with only 678 of them on the bench (compared with 9,200 state judges), already overburdened dockets will grow. Thus, the bill will make class actions – most of which involve discrimination, consumer fraud and wage-and-hour violations – all but impossible. One example: After forty lawsuits were filed against Wal-Mart for allegedly forcing employees to work "off the clock," four state courts certified these suits as class actions. Not a single federal court did so, although the practice probably involves hundreds of thousands of employees nationwide.”
Why would a civil rights lawyer knowingly make it harder for working-class people to have their day in court, in effect shutting off avenues of redress?
CREDIT CARD INTEREST RATES:
Now Obama explains his vote by saying the amendment was poorly written or set the ceiling too high. His explanation isn’t credible as Obama offered no lower number as an alternative, and didn’t put forward his own amendment clarifying whatever language he found objectionable.
Why wouldn’t Obama have voted to create the first federal ceiling on predatory credit card interest rates, particularly as he calls himself a champion of the poor and middle classes? Perhaps he was signaling to the corporate establishment that they need not fear him. For all of his dynamic rhetoric about lifting up the masses, it seems Obama has little intention of doing anything concrete to reverse the cycle of poverty many struggle to overcome.
LIMITING NON-ECONOMIC DAMAGES:
These seemingly unusual votes wherein Obama aligns himself with Republican Party interests aren’t new. While in the Illinois Senate, Obama voted to limit the recovery that victims of medical malpractice could obtain through the courts. Capping non-economic damages in medical malpractice cases means a victim cannot fully recover for pain and suffering or for punitive damages. Moreover, it ignored that courts were already empowered to adjust awards when appropriate, and that the Illinois Supreme Court had previously ruled such limits on tort reform violated the state constitution.
In the US Senate, Obama continued interfering with patients’ full recovery for tortious conduct. He was a sponsor of the National Medical Error Disclosure and Compensation Act of 2005. The bill requires hospitals to disclose errors to patients and has a mechanism whereby disclosure, coupled with apologies, is rewarded by limiting patients’ economic recovery. Rather than simply mandating disclosure, Obama’s solution is to trade what should be mandated for something that should never be given away: namely, full recovery for the injured patient.
MINING LAW OF 1872:
In November 2007, Obama came out against a bill that would have reformed the notorious Mining Law of 1872. The current statute, signed into law by Ulysses Grant, allows mining companies to pay a nominal fee, as little as $2.50 an acre, to mine for hardrock minerals like gold, silver, and copper without paying royalties. Yearly profits for mining hardrock on public lands is estimated to be in excess of $1 billion a year according to Earthworks, a group that monitors the industry. Not surprisingly, the industry spends freely when it comes to lobbying: an estimated $60 million between 1998-2004 according to The Center on Public Integrity. And it appears to be paying off, yet again.
The Hardrock Mining and Reclamation Act of 2007 would have finally overhauled the law and allowed American taxpayers to reap part of the royalties (4 percent of gross revenue on existing mining operations and 8 percent on new ones). The bill provided a revenue source to cleanup abandoned hardrock mines, which is likely to cost taxpayers over $50 million, and addressed health and safety concerns in the 11 affected western states.
Later it came to light that one of Obama’s key advisors in Nevada is a Nevada-based lobbyist in the employ of various mining companies (CBS News “Obama’s Position On Mining Law Questioned. Democrat Shares Position with Mining Executives Who Employ Lobbyist Advising Him,” November 14, 2007).
REGULATING NUCLEAR INDUSTRY:
The New York Times reported that, while campaigning in Iowa in December 2007, Obama boasted that he had passed a bill requiring nuclear plants to promptly report radioactive leaks. This came after residents of his home state of Illinois complained they were not told of leaks that occurred at a nuclear plant operated by Exelon Corporation.
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