The HARD RIGHT now controls two branches of government. After President Trump fills the empty judicial appointments, including the Supreme Court, the Hard Right will control all three branches of the US government. The Hard Right has a plan that disenfranchises individuals from access to the courts to seek redress for consumer, environmental, civil rights, discrimination, and mass tort claims like voter suppression, which heaved President Trump over the 2016 goal line. This article previews the plan that the Hard Right seeks to execute. They seek to introduce legislation, roll back executive orders (by the former President and governors) which inevitably favors the legacy institutions and solvent parties who are the targets of these claims, and able to litigate endlessly without financial pain. The Hard Rights seeks to do this by perusing their plan through a legislative campaign in Congress, orders by the Executive Branch statutes from state legislative houses, and from governors. “Times, they are a changing”. The Hard Right seeks to flex its newly found legislative and executive muscle to suppress litigation. It seeks to impose liability on tort plaintiffs, victims of employment and gender discrimination, and consumer class actions litigants, among others. At the hands of the trial bar, The Hard Right seek to shift power to the hands of legacy institutions (and their brethren) who want to oust personal injury claims, class actions, consumer driven litigation, and other claims from the civil courts.
45 Rutgers L. Rec. 1 (2017) | WestLaw | LexisNexis | PDF