Jan 6, 2005

The New Blue Federalists: The case for liberal federalism
>Slate via Volokh | Come join the Republicrat Revolution
Many liberals who haven't yet moved to Canada have indulged the fantasy of a "blue state" secessionist movement. But the American legal tradition does offer liberals a practical alternative to secession or a condo in Vancouver. It's called federalism, aka "state's rights." ...
The president, mounting that favorite hobby horse of conservatives — tort reform — has just proposed federal legislation to limit medical malpractice awards. Even a modicum of respect for the prerogatives of the states should stay Congress' hand: Tort liability has always been a matter of state law, and the effects of supposedly excessive awards in one state should have few consequences for the quality or cost of medical care in other states.
Federalism is not just for conservatives, anymore.


It mentions redefining the Dems, lauds the 10th Amendment, and gives Phil a hard time about national tort reform. Great article.

Edit It really was a great article. Nevermind that the ease of cross-border consolidation of mass torts combined with the countervailing pressure of the plaintiff's bar on state laws essentially precludes a federalist solution for tort reform. -P