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Conservative Commentary

Ed Donath is eddobloggo...Conservative Commentary Columnist

Ed Donath

March 2, 2011


 Slap that wig hat on your head.                                                                                    RSS feed


Attorneys in Congress should be forced to wear barrister wigs for positive ID. More than 200 members of the House of Representatives and the Senate claim attorney as their profession.  Perhaps, like me, you thought there were actually more lawyers in Congress (or at least a larger number who would admit to it) but suffice it to say, attorneys comprise about a third of the legislative branch of the federal government.

For positive ID, attorneys in Congress should be required

 to wear barristers' wigs.

 

It is difficult to know how many -- if any -- insurance people have a vote in Congress because at the present time there are none who claim insurance person as their profession.  Unfortunately, neither faction can be identified at a glance because the wearing of barristers' wigs and other forms of external ID is not required in the USA.

 

Behind the scenes in Congress there lurks a much larger cadre of un-elected lawyers and paralegals.  They research and write nearly all of the legislation proposed by the party for which they toil and, once written, they attempt to explain their creations to the members of directive committees. Subsequently, committee members "suggest" to individual legislators how they should vote on these bills.

 

No one in Congress (other than the aforementioned unelected lawyers) is forced to do a lot of reading. Therefore, this accepted process enables the passage of appropriations so complex that they may require thousands of pages of legalese to explain them.  Unfortunately, it takes little more than a partisan recommendation to "educate" any given senator or congressman about pending legislation.

 

Case in point: the so-called health care/health insurance reform bill "voted on" in the House of Representatives last year contained nearly 3,000 pages by the time amendments and addenda were affixed to it (ie. after the real politics kicked in and additional back-room deals were cut and additional language was added to the already out-of-control original legalese).

 

Reid and Pelosi's last words: “We have to pass the bill so that you can find out what is in it.”

Months later we are only beginning to find out, along with the members of Congress who "passed" the bill, what is actually in the bill and how it will impact us all of going forward.  For once in her political life Nancy Pelosi was being completely truthful when she uttered that now infamous phrase:

“We have to pass the bill so that you can find out what is in it.”

"Don't say we

didn't warn you!"

 

Is it any wonder that the public's distrust of legislators who perpetuate this overly-casual, under-educated, partisan system of conducting business on behalf of the taxpayers has been at an all-time high and that approval ratings of the members of Congress had sunk to an all-time low prior to the 2010 elections?

 

Back to the main topic -- lawyers -- particularly those in Congress.

 

If you were an attorney representing a client in a medical malpractice lawsuit, who would you rather be suing -- an individual with limited assets or an insurance company with deep pockets?  Along the same lines of logic, would you rather be suing an insurance company or the even deeper-pocketed federal government? 

 

How many times have you heard rhetoric demonizing insurance companies and any number of specific insurance company practices since Barack Obama took office?

 

How many times have you heard rhetoric from the president and/or any prominent Democrat members of Congress demonizing attorneys for manipulating the truly un-reformed health care system to maximize their medical malpractice lawsuit settlements?

 

How much of the current health care system's wastefulness that has been bemoaned by the Democrats ad nauseam is due directly to the cost of litigation in conjunction with malpractice insurance and the out-sized settlements that they have enabled?  On the other hand, how often have the "reformers" even broached the subject of tort reform?

 

Given the number of insurance industry representatives in Congress versus the number of attorneys in Congress, is it more likely...

 

a) That Republicans in Congress are in bed with the insurance industry, as the president and Congressional leaders have alleged or...

 

b) That the Democrats in Congress are in bed with attorneys who not only work to drain the assets of the system but who write the very legislation that enables them to do so?

 

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Comments  (Comments may be edited  for clarity and/or profanity.)

eddo; never forget, "It's 99% of the lawyers that give the other 1% a bad name." In the Democrat world tort reform is as likely to happen as the sun coming up in the west. The trial lawyers own at least in part, the Democratic party.
On a related note, San Fran Nan doesn't have her gubmint (taxpayer funded) 727 party barge anymore, must suck to be her.

 

KarnakTM

Great Falls, MT Tribune


Without a doubt or second thought I would chose "B".

 

aspyder

Wausau, WI Daily Herald


This leads to an interesting quandary for the Democrats.

If they had succeed in their
[complete] “nationalization” of the health care system, then who are those malpractice lawyers going to sue? The normal target, the private insurance companies would not exist anymore.

Maybe you can sue the Government and Medicare... Good luck on that one.

There’s got to be some kind of lawyer pay-off in those pages that no one read, otherwise the Democrats will lose a major campaign funding source.

 

Uncle Larry

Austin, TX American-Statesman


I am usually wrong when delving into actual legislation but I believe the scariest phrase in the bill is "at the Secretary's discretion." I understand it is used hundreds of times.

 

GreyCaravel

Montgomery, AL Advertiser


Does that count of 200 include those that have served so long they didn't consider it necessary to remain Members of the Bar?  The question now is how do we un-enact it with a sitting President that's willing to go to any length, and accept any cost, including the destruction of the Democratic Party to try and keep the stupid thing in place.

 

Grumpyelder

Melbourne, FL  Florida Today

[Do what attorneys do. Sue him for damages! -ED]


This congress has set a new low in popularity and competence. They don't write the bills, they hire commie groups to do that. They don't read the bills, occasionally their staff looks at them. Most of them are afraid to hold town hall meetings, because they have been so blatant about ruling against the will of the people. I'm looking forward to seeing a much higher rate of unemployment - for the incumbent politicians that have treated the public like dirt.

 

uraniuman

St. Cloud, MN Times


I'll answer your last question Ed.....Both of the above.  Good post.

 

gas hog

Austin, TX American-Statesman


insightful analysis into the BHO mindset

 

sheryl@hamlin.net

Palm Springs, CA Desert Sun


There are over 600,000 attorneys in the US. In my mind, that's about 500,000 too many, regardless of their political leanings.

 

glass_arteest

St. Cloud, MN Times


...Pelosi nor any of the rest of the "I-know-what's-better-for-you-than-you-do" crowd knew what was in that bill before it passed. Way to look out for the people that hired you, and the majority of Americans who DID NOT want it passed. JERKS.

 

MypalBalok

Montgomery, AL Advertiser


This was the first step America needed to take to join the rest of the civilized world in making health care a basic human right.  It is nice to finally be as good as Canada...

 

Uncle_Bingo

St. Cloud, MN Times

[It was nicer being better than Canada and most of the European nations. Keep an un-checked Obama around a while longer and we'll be as good as most Third World countries.  -ED]


^Wow it is nice to finally be on equal footing with the rest of the world? We were AHEAD of the rest of the world nut now we are going to relegated to third world status...Please just show me ONE country with socialized medicine that is equal to ours or that is NOT BROKE. Cuba has socialized medicine as does Venezuela so does Canada yet they are all NOT working out....why not?

 

Anonymous

Billings, MT


The CBO analyzed what effect tort "reform" would have on helathcare costs. They concluded:

"In the analyses of overall health care spending per capita, eliminating joint-and-several liability is associated with statistically significant increases in spending in both themodel of health care spending per capita and the model of hospital spending per capita. Caps on non-economic damages are associated with reductions in spending per capita for all three spending measures, though those coefficients are not statistically significant at conventional levels."

IOW, tort "reform" would not have a statistically significant effect on the cost of healthcare in the U.S. This issue is just another example of the "Conservatives" and Republicans making straw men out of the most helpless in our society to divert attention from the giveaway to their favored group of people: the rich and powerful.

 

Iowana

Des Moines, IA Register

[In addition to several CBO ObamaCare projections that have already been proven wrong, there is no way for them to judge the type of care that patients would receive and/or the cost/quantity of medical services if doctors and hospitals were able to practice as Hypocrates originally prescribed. They are only looking at government costs that would change RADICALLY if single-payer ever becomes a reality. But lefties would prefer to hang their hats on non-medical opinions in order to promote socialism. -ED]


...I don't dispute the statistics but, being familiar with many in the medical profession, I don't believe that you understand the pervasive effect that medical liabilities have on their profession. The numbers do not reflect the personal malpractice insurance that is required, or the forced attention to bureaucratic details that have little bearing on diagnosis and treatment...I would trust a medical doctor over a lawyer any day, but that's just me and my experience.

 

burger2

Lafayette, LA Daily Advertiser


Definition of a Senator? A lawyer gone bad.

 

fuguestate

Montgomery, AL Advertiser


Interesting take on the lawyers. Of course, the whole of the problem results from an out-of-control federal government which has insinuated itself into so much that is properly the purview of the states, that it's no surprise that simple understandable law is a thing of the past at a federal level. One look at state statutes illustrates the difference. I believe it was Max Baucus who stated that the bills they write in committees are written in plain language and then "translated" into legalese. What potential is there for changing the original meaning and intent of the legislation with that arrangement? A LOT.

 

vortican

Lansing, MI State Journal


Now we see all of the taxes the middle class will have to pay. Now we see the fact that Obamacare increases healthcare costs. WHERE WAS THE MEDIA ?

 

25or6to4

St. Cloud, MN Times

[They were overworked during the presidential campaign telling us everything there was to know about Obama. Give 'em a rest! -ED]


"bring your razor baby , case some fool wants to fight"

You said it bloggo...what to do?...what to do?...voting seems so argumentative and mega slow for this problem.
Maybe a "Blitzkrieg" from a real president...

 

artdoyle

Des Moines, IA Register


What's done is done. We must learn a lesson from this and prevent it from ever happening again. ObamaCare is starting to self destruct and NOW he is pushing the states toward a single payer program with guess who running the program....The government of course.  This is ANOTHER reason for term limits. Some of these congressmen would not have been in office so long they forget who WE are.....We the people who OWN this country and WHO THEY WORK FOR....

 

Rocco

Great Falls, MT


How much is spent in unnecessary testing done by Dr.'s just to cover their backsides from malpractice?

 

Tdaigle

Lafayette, LA Daily Advertiser


eddo, you nailed it. I can't wait to see how our leftist friends rationalize this one.

 

mightyright

Great Falls, MT Tribune



 

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