The Road to Reform

IMAGINE yourself the CEO of a major corporation approached by your chief marketer with plans for next year’s sales campaign. “Let’s save lots of money by putting fewer features on next year’s widgets,” he says. “Then let’s ask our customers to buy lots of them by promising we’ll make them happier after our profits increase.” How long would it take you to fire that guy?

Amazingly, conservative Republicans, moderate Democrats, and the American business community have spent hundreds of millions of dollars—and precious political capital—on tort- reform campaigns that differ little from the widget marketer’s scheme. Here’s the pitch: “Because tort judgments are too high, Congress should limit the amount of damages its constituents can recover. Because there are too many tort claims, congressmen should vote to limit their constituents’ right to sue.”

MH

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Michael Horowitz

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IMAGINE yourself the CEO of a major corporation approached by your chief marketer with plans for next year’s sales campaign. “Let’s save lots of money by putting fewer features on next year’s widgets,” he says. “Then let’s ask our customers to buy lots of them by promising we’ll make them happier after our profits increase.” How long would it take you to fire that guy?

Amazingly, conservative Republicans, moderate Democrats, and the American business community have spent hundreds of millions of dollars—and precious political capital—on tort- reform campaigns that differ little from the widget marketer’s scheme. Here’s the pitch: “Because tort judgments are too high, Congress should limit the amount of damages its constituents can recover. Because there are too many tort claims, congressmen should vote to limit their constituents’ right to sue.”