Why would Texas Republicans speak out against National Tort Reform? This question arose when two members of the House Judiciary Committee, Reps. Louie Gohmert and Ted Poe raised objections to a tort reform bill sponsored by the Republican leadership. Traditionally Republicans have joined with insurers and the medical establishment in supporting tort reform while trial lawyers and Democrats have historically been against setting any limits on the tort system. Even San Antonio’s Rep. Lamar Smith was in support of this bill, so what are Poe and Gohmert up in arms about anyway?

The crux of the matter seems to be whether the federal government actually has the right to set this sort of policy, which traditionally has been under the jurisdiction of state governments. Texas passed tort reform bills on their own several years back, and has seen mainly positive results from their efforts, so this is clearly not a case of Republicans jumping into bed with the trial lawyers on this issue. Poe and Gohmert seem to be framing their argument against National Tort Reform in terms of the federal government infringing upon state’s rights, and in opposing this bill they appear to be on firm Republican Party ground.

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