Girardi | Keese

Torching Civil Justice (and the People's Rights) in the Trump Era

torch.jpg

In his book The Crisis of the Middle-Class Constitution, legal scholar and author Ganesh Sitaraman makes the case for a strong middle class. Drawing on his studies at Harvard Law, constitutional scholarship, and experience at Vanderbilt Law School and the Center for American Progress, Sitaraman argues that the U.S. requires a healthy middle class and low levels of inequality in order to fulfill the intentions our Founding Fathers set forth in the U.S. Constitution.

Sitaraman points out that lacking the shared purpose and shared fate of an equal society, our republic would fall to revolution and strife leading us back to the aristocratic, monarchical style of government the U.S. fled under British control. There is no wealth requirement, for example, to run for office in the Congress or Senate. As Sitaraman writes, the Constitution was written at a time when there was little inequality. As a result, our republic depends on economic equality, almost as if that was baked into the Constitution - a system with clearer divides between rich and poor also divides the inherent power of the political economy, essentially granting political voice to only the wealthiest among us.

Unfortunately, the current administration and federal lawmakers seem intent on peeling away the political power of the middle class. Not only are they attempting to enact laws that further divide the rich from the poor, including unnecessary tax cuts on the wealthy, but also under the cover of major scandals, they are trying to pass laws that specifically diminish the individual and collective political power of the middle class. An example is H.R. 985, which effectively strips the opportunity for justice away from the average American through irresponsible tort reform measures.

H.R. 985 is designed to take away the average middle-class citizen's right to engage in class-action lawsuits that help individuals who have been harmed, cheated and/or violated by the misdeeds of large corporations and institutions. Grievances include cancers from asbestos and other chemicals, illnesses from polluted groundwater, and injury or death from unsafe products and dangerous drugs.

As Sitaraman explains, the Constitution was based on a structure of relative economic and political equality for the middle class. Irresponsible tort reform undermines the foundation on which our Constitution was written and our country built.

Read more:

No Comments

Leave a comment
Comment Information

DISCLAIMER: Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result. Any testimonials and endorsements at this site do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter or potential legal matter.

IN THE NEWS

The Soto Verdict

Girardi | Keese attorneys have won a $2.3M verdict for a Long Beach resident run over by a Parks & Rec truck. Read more here.

The Madero Verdict

Attorney Christopher T. Aumais persuaded a San Bernardino County jury to deliver an  exceptionally high verdict in an area known for low jury awards.

A Champion of Justice

Partner Amy Fisch Solomon was a Champion of Justice in 2015, proving that success in law isn't just about the size of your verdict or settlement.

Own a VW Diesel?

Read about VW's emissions scandal and 
our class action against the automaker.

Referrals

Learn About Our Referral Network Read More

Our Attorneys

Meet our award-winning team Read More

AWARDS & RECOGNITION

The true measure of a lawyer isn’t the awards, but what the awards say about the lawyer: dedication and commitment to the client.

Super Lawyers Distinguished AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability American Association For Justice Consumer Attorneys Association Of Los Angeles Consumer Attorneys California Supreme Court Icon 7 Icon Best Lawyers | Best Law Firms 2014 | U.S. News American Board of Trial Advocates Law Dragon America's Top 100 Attorneys | Lifetime Achievement Martindale-Hubbell | AV Preeminent | Peer Review Rated For Highest Level of Professional Excellence | 2017