United States Senator



	Veterans' Day Ceremony - Greer Band

Legal Issues

Resources
Sub Issues:
	Second Amendment

America’s Constitutional Cornerstone

In January of 2005, I placed my hand on the Bible and pledged to uphold the Constitution of the United States. When our Founding Fathers framed our Constitution, they gave us an incredible gift: a solid foundation and framework upon which our entire legal system is based.

In recent years there has been much debate over one of the issues clearly defined in our Constitution: the nomination of Supreme Court Judges and other principal officers of the government. The process laid out in Article II, Section 2 explains that the President nominates an individual, the Senate provides advice and consent, upon which the President may choose to appoint that individual.

It is the Constitutional duty of the Senate to provide this advice and consent with our votes. That is why, true to my oath, I pledge to work to is to ensure timely up-or-down votes for all nominees, no matter who is president and no matter which party is in the majority. Senate process allows ample time for both sides make their case, both in Committee hearings and on the Senate floor. But at the end of the day, when the speeches have been made, we must end with a vote. Filibustering a judicial nominee to score political points does a grave disservice to the Constitutionally-established process, not to mention the jurist caught in the crossfire.

But while we debate judicial nominations in Washington, there is another issue playing out all over the country that has enormous implications for our entire legal system. Our court system is currently being overwhelmed by fraudulent lawsuits and a few trial lawyers who are abusing the system. Many groups, from doctors and small business owners to local school boards, live each day under the constant threat of unnecessary litigation.

A vivid illustration of the problem can be seen in medical liability cases, where it has been estimated that only 17% of claims filed involve actual physician negligence. Meanwhile, the remaining 83% of doubtful cases and their often excessive monetary awards are contributing to skyrocketing malpractice insurance costs. This is driving doctors, especially in rural areas, out of business. And ironically, it is patients who bear the biggest burden of these out-of-control costs in the form of fewer choices of doctors, longer waits and higher costs.

Many ideas have been put forward to help fix this broken system, and each deserves careful debate and consideration. Reforms such as capping damages, making the looser foot the legal bill or limiting the type of liability claims that can be made against certain professions, all could potentially provide a strong disincentive to those who see our legal system as a way to “get rich quick.”

While states should play a large role in tort reform, I will pledge to strongly support federal efforts to ensure that our legal system protects the truly injured and that hard working Americans are shielded from the effects of fraudulent claims. The future viability of our legal system depends on it.