Vested Interest - March/April 2001 Issue

The President’s Thoughts

Bush Administration Attacks Victim's Rights

As expected, the Bush Administration has begun its assault on American's rights we consider important. President Bush has ended the American Bar Association's 50-year-old service to the nation of screening presidential nominations to the US Supreme Court and other federal judgeships. The ABA has provided objective evaluations of judicial nominations since first requested to do so by President Eisenhower 50 years ago. Because of its broad membership, which includes every type of practice, size of firm, and political viewpoint, the ABA has been able to provide objective evaluations of judicial nominees. The White House announced judicial candidates would now be screened within the administration, and reports are circulating these reviews are being conducted principally by members of the Federalist Society which has a partisan agenda, including limitations on legal rights of plaintiffs. The Associated Press has reported "Republican officials said the move was driven largely by conservatives...still bitter about the failure of President Reagan's nomination of Robert Bork to the Supreme Court. Many conservatives see the ABA as liberal-leaning..."

Also, you may have heard President Bush has announced he could not support a patient's bill of rights that allowed patients to sue HMOs. President Bush indicated he could only support a patient's bill of rights that would allow people only a limited remedy with caps on damages and only in federal court after external reviews. This is in sharp contrast to President Bush's position as a candidate. While running for the presidency, he claimed credit for a patient's bill of rights in Texas he vetoed but ultimately allowed to become law without his signature because the legislature was poised to override a second veto. It is clear the President only wants to protect HMOs and other managed care insurers rather than patients, who, all to often, are killed or injured because insurers delay or deny the care they need.

Currently, HMO and health insurers are the only corporations in America that cannot be held legally accountable for harming their customers and, tragically, the President seems committed to keeping it that way.

The Supreme Court continues to vitiate the rights of our citizens. On March 22, in Circuit City Stores v. Adams, 99-1379, the Court ruled employer's can require their employees to arbitrate disputes about employment. ATLA has filed an amicus brief for the plaintiff. Five members of the court rejected an argument that a sales person at a Circuit City store was not covered by the Federal Arbitration Act, which exempts "seaman, railroad employees, or any other class of workers engaged in foreign or interstate commerce." The FAA generally requires arbitration agreements be enforced. The court held the exemption applies only to "contracts of employment or transportation workers."

Justices Stevens and Souter wrote dissents arguing the court should give broad effect to the exemption clause. Both dissents were joined by Justices Breyer and Ginsberg.

Lastly, there are rumors swirling around Washington that the White House plans to propose to Congress, within the next month or so, comprehensive legislation to restrict plaintiff's rights in the areas of auto, class actions, product liability, and medical malpractice.

All of the above indicates our fight to protect the rights of victims must continue stronger than ever. We must remain vigilant in our efforts to defeat the work of all who would destroy the protections provided by our judicial system for the rights of tort victims.

There will be a national/political summit in Dallas, Texas on April 28, 2001, during ATLA's Spring Board Meeting. ATLA is requesting all of the state trial lawyer associations around the country to have at least one member of their leadership in attendance at the meeting to discuss proposals for how we could best continue our fight to protect victims rights. Minority leader, Dick Gephardt will also participate in the summit meeting.

ITLA Nominations

The Nominating Committee meets on April 25, 2001, to select its slate for ITLA Officers and Board of Managers. Anyone interested in running for ITLA's Third-Vice President or for the Board of Managers should send their letters of nomination to the ITLA office prior to that date.

Also, nominations are being accepted for the Leonard Ring Award. The Leonard Ring Nominating Committee meets on April 23, 2001. Letters recommending candidates to receive the Leonard Ring Award should be forwarded immediately to the ITLA office also.

Remember, together we are strong.

Larry R. Rogers, President
Illinois Trial Lawyers Association