Limiting Lawsuits:Bush makes an attempt!

Implications: Should the President get involved in limiting lawsuits?Is Federal Preemption at least one effective mechanism in limiting lawsuits?

Analysis: The Republicans & Democrats have been arguing for a long time over the issue of limiting lawsuits!  The Bush administration has struggled for just as long to try and limit lawsuits.  Bush may be gaining ground with the issue of Federal Preemption, especially with the hammer of the Supremacy Clause. Rooted well in our system of government is some logic that under certain circumstances federal law & regulation supersedes state law.  The growing complaint is that this at times lets many companies gets dismissed for technical reasons & consumers are the ones that feel the sting.  At times it is argued that companies have a sort of immunity.  The drafters of the preambles for Bush in the proposed rule amendments attempt to emphasize these just give guidance to possible preemption not actual preemption: arose by any other name, or if it looks like it and acts like it.  The drafting of these new rules by the Bush administration may be trying to say it is only to spell out the scope of preemption, but it seems apparent what is really going to happen.   http://www.insurancejournal.com/news/national/2008/05/15/90025.htm