There He Goes Again

Bush Attacks The Civil Justice System, and Ignores Evidence from His Own Justice Department that Undermines His "Junk Lawsuit" Claim

Bush Ignores the Evidence and Attacks the Civil Justice System and Trial Lawyers…Again. In his economic speech today, the President once again attacked the civil justice system, claiming that so-called "junk lawsuits" are hurting the economy. But Bush's own Justice Department released statistics this summer that undermines this claim. According to his administration, Federal tort trials have decreased by nearly 80 percent since 1985. And a recent survey of federal judges - including those appointed by Bush - found that an "overwhelming majority" do not believe that so-called "frivolous lawsuits" are a major problem.

- Bush Administration Statistics Show that the Number of Federal Tort Trials is Down Nearly 80 Percent Since 1985. This summer the Bush Justice Department reported that the number of tort (personal injury) cases resolved in U.S. District Courts fell by 79 percent between 1985 and 2003. In 1985, 3,600 tort trials were decided by a judge or jury in U.S. District Courts. By 2003, that number had dropped to less than 800.[1]

- The Number of State Tort Trials is Decreasing. According to the most recent statistics from the Bureau of Justice Statistics, the number of tort trials at the state level has decreased. These statistics were compiled as part of the Bureau's survey of state civil justice systems in the nation's largest 75 counties. Among these counties, the number of tort trials decreased 31.8% between 1992 and 2001.[2]

- "Overwhelming Majority" of Federal Judges Don't See "Frivolous Lawsuits" as Major Problem. According to survey by the Federal Judicial Center - the research and education agency of the federal court system - most Federal judges do not view "frivolous lawsuits" as a problem: "Frivolous litigation is not a major problem in the federal court system, according to an overwhelming majority of federal judges who participated in a recent survey. The survey, conducted by the Federal Judicial Center, was based on the responses of 278 federal district court judges. Seventy percent of the respondents called groundless litigation either a 'small problem' or a 'very small problem,' and 15% said it was no problem at all. Only 1% called it a 'very large problem,' 2% called it a 'large problem' and the rest rated it as a 'moderate problem' in their courts. … In addition, 91% of the judges surveyed opposed provisions in the Lawsuit Abuse Reduction Act, which won House approval in the last Congress."[3]

When the Chips are Down…Bush Attacks Trial Lawyers. This isn't the first time that Bush has attacked the civil justice system and trial lawyers. Since taking office, he has spoken of "frivolous" or "junk" lawsuits over 150 times. He has blamed trial lawyers and the civil justice system for high health care costs, the federal budget deficit, a weak economy, slow job creation, and a lack of flu vaccines. Bush has even invoked September 11 humorously to mock trial lawyers at least 33 times.

- Health Care Costs: "And in order to control health care costs and to make sure docs are available, we need national medical liability reform now."[4]

- The Federal Budget Deficit: "Defensive medicine against frivolous lawsuits runs up the federal budgets, it increases the cost of Medicare and Medicaid and veteran health benefits." [5]

- The Economy: "And one of the things we've got to do is to make sure that -- you know, we've got lawsuit reform. Listen, businesses are fighting a lot of frivolous litigation. And it's costly to our economy. … In my judgment, in order to enhance economic vitality, the Senate must act on fair and balanced tort reform legislation, starting with class-action lawsuits."[6]

- Jobs: "And we're pressing the Senate on litigation reform, so small businesses and manufacturers can focus on creating jobs instead of fighting frivolous lawsuits."[7]

- Flu Vaccines: "We have a problem with litigation in the United States of America. Vaccine manufacturers are worried about getting sued, and so, therefore, they have backed off from providing this kind of vaccine."[8]

- Education: "Now Bush is exploiting trial lawyers in an effort to inoculate himself from voter displeasure with the sluggish economy and corporate corruption. … At Bush's insistence, even the now-enacted education reform bill, one of his top priorities, included a 'teacher protection' clause to limit lawsuits. 'It says that teachers and principals and school board members can take reasonable actions to maintain order and discipline in the classroom without the fear of being sued,' the president said May 8 at the Rufus King High School in Milwaukee. 'And that's good law -- I don't like it when frivolous lawsuits disrupt quality education.'"[9]

- Using September to Mock Trial Lawyers: "They [terrorists] probably thought we were so materialistic, so selfish, so self-absorbed, so greedy, that all we'd do after September 11th is maybe file a lawsuit or two."[10]

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[1] "Federal Tort Trials and Verdicts, 2002-03", Bureau of Justice Statistics, August 17, 2005

[2] "Civil Trial Cases and Verdicts in Large Counties, 2001", Bureau of Justice Statistics, April 2004

[3] Business Insurance, April 11, 2005

[4] Remarks by the President at Florida Rally, White House Press Releases and Documents, March 20, 2004, http://www.whitehouse.gov/news/releases/2004/03/20040320-4.html

[5] Remarks by the President to the Greater Manchester Chamber of Commerce, White House Press Releases and Documents, October 9, 2003. http://www.whitehouse.gov/news/releases/2003/10/20031009-15.html President Bush has made the accusation on many other occasions.

[6] President Visits Philadelphia to Discuss Economy and Child Tax Credit, White House Press Releases and Documents, July 24, 2003. http://www.whitehouse.gov/news/releases/2003/07/20030724-4.html

[7] President's Radio Address, White House Press Releases and Documents, July 19, 2003. http://www.whitehouse.gov/news/releases/2003/07/20030719.html

[8] Presidential Debate in Tempe, Arizona, October 13, 2004

[9] As Economy Sours, Bush Takes It Out on Lawyers, Edwin Chen, Los Angeles Times, August 11, 2002

[10] Remarks by the President at Steve Largent for Governor and James Inhofe for Senate Luncheon, White House Press Releases and Documents, August 29, 2002. http://www.whitehouse.gov/news/releases/2002/08/20020829-1.html Bush retold variants of the same 'joke' on 33 different occasions throughout the latter half of 2002 (White House Press Releases and Documents).