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Press Release: Tort Reform While Needed, is a State Issue, Not Federal

Frontiers of Freedom released the following statement on the Protecting Access to Care Act of 2017:

Frontiers of Freedom opposes legislation recently passed by the U.S. House Judiciary Committee placing caps on medical malpractice damages. The idea of caps on tort damages may be worthwhile, but tort law has always been a matter of state law and our constitutional system of federalism demands that Congress respect that states, not the federal government, are responsible for state tort law. The Protecting Access to Care Act of 2017 stands in direct contradiction of our mission to preserve the Constitution’s checks and balances, system of federalism, separation of powers, and guarantee of basic rights as the foundation of America’s freedom.

The legislation represents an egregious and unwarranted expansion of federal power over the traditional prerogatives of states in tort law, not to mention regulation of health care, which is entirely provided on a local basis. Nearly all states have spoken to the issue of malpractice damages either by instituting caps of their own or, alternatively, barring such restrictions legislatively or via court decision.

The full House should reject H.R. 1215, the House-passed malpractice legislation, and with it, the continued creeping encroachment of federal mandates over state law and issues that should rightfully be regulated at the state and local level.

For more information, please contact Frontiers of Freedom at [email protected]

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