Thursday, May 26, 2011

More on the possible unconstitutionality of the federal medical malpractice bill

A few days ago I posted (here) a link to a paper by a tort reform group arguing that the federal medical malpractice bill is not unconstitutional.  Go here for a response by Walter Olson published by the Cato Institute in which he argues that most proposals in the U.S. Congress to address medical malpractice law run into serious federalism problems.  Also go here and here for two articles by Randy Barnett - a supporter of med-mal reform - in which he argues that the "so-called HEALTH Act now pending in the House violates the GOP’s Pledge to America to justify all of its legislation by identifying its constitutional authority in the enumerated powers of Congress."

Thanks to the TortsProf blog for the links.

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