The Senate is in the midst of hearings on a number of important Executive Branch positions Robert F. Kennedy Jr.’s nomination to lead the Department of Health and Human Services (HHS).

The head of HLF last week wrote an opinion piece listing several—but notably, not exhaustive—number of issues stemming from Kennedy’s long history as a leftist activist, including his legal entanglements on causes opposing the vast majority of Republican voters and elected officials.  From the op-ed:

RFK Jr.’s deep ties to trial lawyers — a constituency notorious for opposing common-sense legal reforms favored by conservatives — further underscore his alignment with liberal interests.

Judging from public remarks both during and since the campaign, most Republican Senators would prefer that the Trump administration focus on economic growth and rolling back the arduous regulatory burden that impedes such economic progress.

That stance contradicts Kennedy’s strong connection to the trial bar.  It is likely that he would use the department to weaponize HHS regulations that in turn would fuel costly lawsuits, tightening the bureaucratic stranglehold that Republican Senators would prefer be removed.

Kennedy’s career history reveals that he spent years profiting from lawsuits against the industries the department he is being nominated oversees. In 2023 alone, he profited over $5.48 million as a partner at Kennedy & Madonna, a firm specializing in mass tort litigation. His activist history also includes work with Morgan & Morgan, the largest personal injury firm in the country.

HHS plays a critical role in overseeing the agencies that regulate food, pharmaceuticals, and environmental health.  The agency’ regulatory decisions often serve as a catalyst for mass litigation driven by trial lawyers who often thrive on exploiting regulatory shifts. Kennedy’s confirmation could provide trial lawyers with a direct channel to generate mass amounts of new lawsuits, driving up costs for businesses and consumers alike, threatening job creation and stifling innovation.

Even without a cabinet member who is friendly with the trial bar, the economic impact of excessive lawsuits in our country is staggering.  In 2024 alone, frivolous litigation drained over $367 billion from the U.S. economy, imposing a hidden “tort tax” of $1,666 per American.  Kennedy’s close ties to the trial bar—suggest he could expand regulatory uncertainty,

Senators should not fail to heed the objections to Kennedy’s nomination.  The concerns about how he would wield HHS’s regulatory power demand scrutiny are real, and Senators need to weigh whether Kennedy’s record aligns with the interests of the American people or those of the lawsuit industry before deciding on his nomination.  If Kennedy ends up prioritizing legal activism over sound public policy, it would certainly undermine America’s economic progress.