With Senate Bill 197 — legislation that would have the federal government dictate how state judges are to try medical malpractice cases and cap what state courts may award — several Republican senators have reminded us that federal impositions on states that run contrary to the U.S. Constitution and to the spirit of federalism have never been the sole prerogative of just Democrats.
As a state attorney general struggling to hold back a flood of impositions by the Obama administration that violate federal law, the Constitution or both, it is disappointing to see so many Republicans making the same types of mistakes that President Obama and his allies have made.
Many attorneys general are struggling to convince Washington of the importance of limiting federal power. While there is a long history of both Democrats and Republicans expanding the federal government and its power, I hold out hope that Republicans have learned from their many errors from 2001 to 2007, when they held majorities in the House and Senate under President George W. Bush. This particular legislation suggests, however, that there is still much for them to learn.