The Senate GOP Wage Control Act



On October 31, I posted about the promise by Virginia Attorney General Ken Cuccinelli to veto a federal tort reform bill that is now included in the Senate GOP jobs bill. Attorney General Cuccinelli joined a long line of conservative legal experts in opposing federal tort reform as a violation of states’ rights. In addition to violating states’ rights, the Senate GOP jobs bill establishes federal wage controls on attorneys. Sec. 3206 of the bill, S. 1720, states:

“(B) LIMITATION– The total of all contingent fees for representing all claimants in a health care lawsuit shall not exceed the following limits:

(i) Forty percent of the first $50,000 recovered by the claimant(s).

(ii) Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s).

(iii) Twenty-five percent of the next $500,000 recovered by the claimant(s).

(iv) Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000.”

Is this really the precedent that the Senate GOP wants to set while it complains about the unconstitutionality of ObamaCare, the excessive regulation of American industry by EPA, and the high tax burden faced by our corporations? Who wants to see the headline, “Senate GOP Talks Free Markets, Votes For Communism?” Were Democrats right after all when they wanted to enact laws against excessive compensation for Wall Street executives?

By the way, why would the Senate GOP reward “Big Medicine,” which pushed ObamaCare and continues to back it against the GOP’s efforts to repeal it? Whatever you think of the trial lawyers, they didn’t work to enact the individual mandate – the AMA, AHIP, and PhRMA did. Why reward them with special federal immunity?

The Senate GOP should delete the entire tort reform section from their jobs bill before any floor vote.