President Obama fulfilled another of his campaign promises by overturning preemption policies instituted by George W. Bush that shielded corporations and manufacturers from state tort suits. The Bush administration vigorously pursued preemption policies that kept injured consumers from being able to hold the manufacturer liable for the injuries its defective products caused. Federal agencies preempted laws in an extensive range of areas including health, safety, financial and consumer protection and environmental regulations. Obama’s actions returned the rights of individuals to seek redress for damages caused by defective products in their own state courts.
The president’s actions not only restore long-held individual rights but also, and perhaps most importantly, reflect an end to the powerful influence big business, their political contributions and lobbyists had during the eight years of the Bush administration. Everyone should have access to the courthouse. Consumer advocates and ordinary citizens should applaud the presidential action…it was the right thing to do for the common guy.
Read the Obama Memo.
Richard J. Arsenault, 2011
