WASHINGTON, D.C.–The Hispanic Leadership Fund, along with several other conservative organizations, wrote a letter to Speaker Paul Ryan opposing H.R. 1215, a bill that would ‘federalize’ state tort law. The groups expressed concern about an approach that disregards federalism. An excerpt is below:
“Regardless of the merits of this bill, it is critical to note that more than 30 states already have some form of cap on damages in such litigation, while 18 others bar such restrictions on awards either by constitutional provision or via state court decisions holding them unconstitutional.
. . .
Overriding state constitutional provisions and interpretation denies states and their citizens essential liberties as well as an important check and balance on the power of the national government: the ability to protect their interests by keeping government and the settlement of legal disputes closest to them where actions can be monitored and held accountable. Moreover, federalization of the law in this manner snuffs out the spirit of innovation and the distinct regional strengths that lie at the heart of American greatness.”
HLF president Mario H. Lopez also recently wrote a piece on this issue for The Hill: Congress shouldn’t undermine federalism in effort to reform healthcare, in which he highlighted the important role of federalism as a Constitutional check on power.