By Darren Penn, Attorney, Penn Law
At its core, the Republican Party has long stood for principles of personal responsibility, limited government, and strict adherence to the Constitution. These values champion the idea that individuals and businesses alike should be held accountable for their actions and that every American has the right to seek justice when wronged. However, the recent push for tort reform by the insurance industry undermines these fundamental tenets, protecting the wealthy elite at the expense of everyday Americans. Far from being a true reflection of Republican values, tort reform is an affront to the ideals of accountability and the Constitution.
The right to trial by jury is enshrined in the U.S. Constitution, specifically in the 7th Amendment, and echoed in Georgia’s Constitution. It ensures that disputes between citizens or against powerful entities can be resolved fairly by a jury of peers.
Tort reform, which often involves caps on damages, restrictions on filing lawsuits, or forced arbitration, directly weakens this constitutional right. By imposing limits on how and when individuals can seek justice, tort reform tilts the scales of justice in favor of large corporations and the wealthy, effectively eroding one of the most democratic mechanisms in the judicial system.
For a party that prides itself on upholding the Constitution, this is a significant betrayal. Tort reform restricts citizens’ access to a jury trial, enriching powerful industries such as insurance companies, pharmaceutical firms, and healthcare providers at the cost of justice or fairness to ordinary citizens.
These industries, which reap massive profits, are shielded from full accountability when their negligence or misconduct harms others. This directly contradicts the Republican ethos of personal responsibility, which dictates that wrongdoers should bear the consequences of their actions.
Big business and insurance companies push tort reform to protect their profits at the expense of everyday citizens. Hardworking Georgians rely on the civil justice system to hold powerful entities accountable when harmed. Whether it’s a small business owner injured by a defective product, a family devastated by medical malpractice, or a worker hurt due to corporate negligence, tort reform limits their ability to seek fair compensation.
Supporters claim it curbs “frivolous lawsuits” and lowers costs, but the reality is far different. Tort reform blocks legitimate claims, shields corporations from accountability, and conceals unsafe practices. Instead of protecting the public, it shifts the burden of corporate negligence onto innocent citizens, letting the wealthy evade responsibility. And Georgia law already provides for penalties against those filing frivolous lawsuits.
True Republican values demand accountability. Shielding corporations from consequences is not conservatism—it’s cronyism. If Republicans are serious about upholding the Constitution and protecting the rights of all Americans, they must reject tort reform and stand for justice, not just the privileged few.
