By Darren Penn, Attorney, Penn Law
Big Business and Insurers’ push for tort reform in Georgia is not only a direct assault on the constitutional right to trial by jury but also a political miscalculation that risks alienating Republican voters. By pushing measures that weaken this fundamental right, Big Business and Insurers are asking our leaders to undermine the very principles of individual liberty and accountability that the Republican Party has long championed.
This move is not only anti-American and anti-democratic but also a dangerous precedent that could pave the way for attacks on other constitutional rights, such as those under the First and Second Amendments.
The right to trial by jury is enshrined in both the U.S. Constitution (7th Amendment) and the Georgia Constitution. It is a right that the Founding Fathers fought for after realizing the critical importance of colonial juries in protecting Americans from tyrannical laws imposed by the British monarchy and parliament. The trial by jury system is a cornerstone of democracy, ensuring that citizens—not corporations, insurance companies, or government officials—serve as the arbiters of justice.
This right is inviolate, meaning it cannot and should not be tampered with. Yet Big Business and Insurers’ tort reform agenda seeks to do exactly that by imposing limits on damages, restricting access to courts, and favoring the interests of powerful entities over those of ordinary Americans. This is a playbook they have attempted in every state.
This approach is fundamentally anti-democratic. It shifts power away from the people and toward an elite class of corporations and insurers, allowing them to avoid accountability for their actions. It creates a system where victims of negligence or misconduct—whether from medical malpractice, unsafe products, or bad faith insurance practices—are left without meaningful recourse. For a party that prides itself on defending individual freedoms, this is a direct contradiction of Republican values.
Even more concerning for Republicans is the precedent this sets. By endorsing measures that weaken the constitutional right to trial by jury, “tort reformers” and their allies open the door for the erosion of other constitutional rights. Republicans should consider the implications of this dangerous precedent: if the 7th Amendment can be weakened for political or financial gain, what’s stopping future leaders from targeting the 2nd Amendment? Once the integrity of one constitutional right is compromised, it becomes far easier for others to be undermined. Today, it’s the right to trial by jury. Tomorrow, it could be the right to bear arms.
The so-called tort reform agenda is not only anti-American and anti-democratic—it is politically short-sighted. By prioritizing the interests of corporations and insurers over those of individual citizens, our leaders risk alienating the Republican base and undermining trust in the party’s commitment to defending constitutional rights. Republicans in Georgia should demand that their leaders reject this assault on the 7th Amendment and reaffirm their dedication to protecting all constitutional freedoms. Anything less is a betrayal of the principles that define the party and the nation.
