Battlepanda: Slouching Towards Hypocrisy


Always trying to figure things out with the minimum of bullshit and the maximum of belligerence.

Friday, June 08, 2007

Slouching Towards Hypocrisy

Former Supreme Court nominee Robert Bork, a leading advocate of "tort reform," is suing the Yale Club in New York City for one million dollars, plus punitive damages.
Judge Bork was scheduled to give a speech at the club, but he fell when mounting the dais, and injured his head and left leg. He alleges that the Yale Club is liable for the $1m plus punitive damages because they "wantonly, willfully, and recklessly" failed to provide staging which he could climb safely.

Judge Bork has been a leading advocate of restricting plaintiffs' ability to recover through tort law. In a 2002 article published in the Harvard Journal of Law & Public Policy--the official journal of the Federalist Society--Bork argued that frivolous claims and excessive punitive damage awards have caused the Constitution to evolve into a document which would allow Congress to enact tort reforms that would have been unconstitutional at the framing.
(Via LGM, from whose comments section I shamelessly stole this post's title.)