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  • Writer's pictureKirk Hartley

Federalism, Posturing and Medical Malpractice Laws

The posturing and faux debating is ongoing here (plaintiff side) and here (defense side) as to whether or how the federal government could pass a law governing medical malpractice. It’s certainly ironic that some on the defense side suggest the federal government cannot require purchase of health insurance, but do suggest that it regulate an area of tort law traditionally controlled by the states.

These faux debates lack a key ingredient. A knowledgeable referee pushing both sides to the real issues instead of sending out a stream of soundbites and position papers that argue about strawmen.

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