Trial lawyer used to be the two dirtiest words in the Republican Party vocabulary. The party loved sitting around railing against trial lawyers and torts. The GOP, given enough time, could blame most any societal problem on those pesky lawyers. You name it, healthcare, insurance, transportation or just about anything all were too expensive because of litigation. Passing tort reform, they would say, would solve most all of our problems. Apparently, however, state GOP leaders did not get the memo.
Many state GOP leaders have spent the current session passing three types of legislation. The state houses which have new GOP majorities seem to be especially interested in these three types of legislation. The first type of legislation is geared toward teaching state employees a lesson. The lesson seems to be that the “gravy train” is over for firemen, teachers and alike…whatever that means (anyone who reads my columns on a regular basis is painfully aware of where I stand on that issue). The second and third types of legislation involve the Contract Legal Firm Employment Act.
Cash strapped states with GOP majorities who tell state employees their pensions, benefits and wages are so high they are breaking the state treasury seem to have no trouble passing legislation bound for expensive Constitutional tests. Of course, with the force reductions of merit system employees in many states, the Attorney General offices in those states have no one is left to defend this induced case load.
With no one left to defend, states must hire outside law firms to defend immigration laws which are clearly not constitutional. Three states have passed Arizona style legislation and nine others are considering a “copycat” bill. It begs the question, why? These extra-constitutional laws designed to prove a point have been repeatedly challenged. Once challenged, the cash register begins ringing at the contract law firm. If I understand correctly, constitutional lawyers are not cheap. So many of these firms are retained through no-bid contracts, conservative organizations like ALEC have begun “sunshine” campaigns to deflect criticism. Arizona has reportedly spent 1.9 million dollars on the defense of its original SB 1070. To be fair, some of the money has been donated but, much of the money for the law’s defense will come out of the state coffers. How many laid off firemen could you call back for almost two mil? I wonder if those firemen could help with Arizona’s wildfire problem.
State house GOP majorities have also chosen this time of austerity to legally probe the limits of Roe vs. Wade. Abortion laws which have included everything from mandatory sonograms to expanding the definition of personhood have been passed and are also challenged almost immediately. With breakneck speed over 33 laws in nine states were passed. Those laws too will require outside legal representation to defend.
Defending immigration laws, I guess, can be justified financially because state services to the illegal immigrant population are expensive. Economic arguments for abortion laws are harder to make. Timing seems to be the overriding factor in the passage of state abortion restrictions. The timing argument goes like this, “we need to pass these laws while the GOP has the power of the majority.” You have to credit the GOP for strength of their convictions. Yet somehow, some state GOP leaders seem to be conceding control of these state houses in the 2012 election in favor of this legislation which only a wingnut could love. In the end, the legislation will most likely be struck down like a fly at a Independence Day picnic and the taxpayer will be stuck with the fireworks bill.
So we are left with the question; will the voters who swept the GOP into the majority in these states approve of the party’s time management this session? Will they approve the three item agenda the GOP apparently had for this session? I wonder, in a budget crisis, if the GOP neglected any items which needed attention. According to some polls, voters have already abandoned the state GOP on its get tough policy towards state and local employees. Recalls of some GOP legislators are even contemplated in Wisconsin. Of course some the Dems who left the state are also subject to recall. I am certain good opportunistic state Democrats will not pass up the opportunity to point out the costs once the invoices start rolling in from the contract law firms. The moderate and independent voters who swept the GOP into the majority may decide the Republican Contract Legal Firm Employment Act was not as necessary as their wingnut brethren. Moderates and independents may already be warming up their broom for 2012.