Another Major Conservative Group Comes Out Against GOP Malpractice Bill

Principled resistance to a federal takeover.

The opposition to Republican leaders’ plan to nationalize medical malpractice law just got a lot bigger.

The small but growing army of conservatives, libertarians, and constitutionalists who are taking a principled stand against a federal takeover of malpractice law swelled today as Jim Martin, the leader of 60 Plus, the 7.2 million-member conservative seniors association, came out forcefully for federalism and against “Washington knows best.”

Writing in the Daily Caller, Mr. Martin writes:

There is a surprising development brewing in the Nation’s Capital as conservatives and libertarian groups—including 60 Plus, who I represent—are voicing problems with legislation being pushed forward through Congress by House Republican leaders that, among other provisions, establishes ‘federal caps’ on damages in malpractice suits.

Wait a moment, you might say. Aren’t conservatives supposed to favor limitations on runaway jury awards and other efforts to rein in out of control Courts? Yes! But there is a foundational Constitutional principle that lies at the heart of conservative opposition to the bill:  federalism.

Preach it, Brother Martin!

The 60 Plus Association’s chief is in good company. The ‘pro-federalism’ movement just keeps growing, with numerous conservative leaders already on board and more joining daily.

Last year, a handful of Representatives, supported by the states and aligned with the Constitution-minded House Freedom Caucus, stopped the GOP leadership’s marquee ‘med mal’ legislation in its tracks.

Last month, a leading libertarian doctor added his voice to the chorus. And last week, I had the honor to brief senior congressional staff publicly on the federalist position.

It feels like our side has the Big Mo.

Today’s announcement strengthens the opposition’s hand for the next round, and makes it all the harder for GOP leaders to pass this unconstitutional legislation.

Read the full 60 Plus announcement here.

Dean Clancy, a former senior official in the White House and Congress, writes on U.S. health reform, budget, and constitutional issues. Follow him at or on twitter @deanclancy.

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