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Could Health Reform Create “A Litigation Explosion”?

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Could Health Reform Create “A Litigation Explosion”?

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Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, but you will need an online subscription). The column is written by Curl Levey, described as “the executive director of the Washington-based Committee for Justice.” The Committee for Justice is an organization apparently founded by Republican Senators to promote President Bush’s judicial nominees,, which recently attacked the Obama administration for discriminating against white Southern males in judicial appointments. The kind of justice they are for is clear. Mr. Levey’s op ed paints a dystopia in which “new federally enforceable rights and obligations, layers of complex federal regulations, and dozens of new programs and agencies

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