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September 12, 2003

Daily Texan on Prop 12

By Byron LaMasters

The Daily Texan today endorsed a No Vote on Prop 12. They seem to like the idea of capping non-economic damages in medical malpractice lawsuits in general, but oppose the "and other actions" part of the amendment:

We urge a "no" vote because of Proposition 12's inclusion of the phrase "and other actions."

By including "and other actions" in the proposition, passing the proposition means lawmakers gain the authority to not only cap non-economic damages in malpractice suits but many other kinds of cases.

This is the second endorsement made by the Daily Texan. Earlier this week, they endorsed a Yes Vote on Prop 11. So basically, they've told us to save Texas courts and save Texas wineries and who cares about the rest - that's probably how the average Joe in this state see it.

The Daily Texan also ran two opinion pieces both for and against Prop 12. The pro-Prop 12 one is written by Speaker Tom Craddick (R-Midland), the Anti-Prop 12 opinion by Texan columnist Erick Fajardo.

Posted by Byron LaMasters at September 12, 2003 12:47 PM | TrackBack


It's the "and other actions" language of Prop 12 that makes me support it, actually.

Almost no one seems to understand that what Prop 12 does is restore the law in Texas to its status before Lucas v. Texas, 757 S.W.2d 687 (Tex. 1988), in which then-Justice William Kilgarlin led the charge to declare unconstitutional a tort-reform "cap" on damages that the Texas Legislature had passed in 1977. Because the then-activist Supreme Court did so by purporting to read into the Texas Constitution language that clearly isn't there, it takes a constitutional amendment to undo this mischief.

Were you without remedies in 1987? Did all, or any, of the harms being shouted by the anti-Prop 12 forces now exist then? Ummm ... well, no.

But this seems to be too subtle, for some reason. The pro-Prop 12 forces insist on making this into a fight about doctors and such, because that's just as big a scare tactic as the ones the plaintiffs' personal injury bar is using.

So basically, both sides fueling the propaganda are lying to you, or at a minimum, obscuring the real issue and exaggerating and spinning like crazy.

Oh well. At least the tickets to watch this circus are free.

Posted by: Beldar at September 12, 2003 02:27 PM

I wish the pro-Prop 12 people would stop calling me EVERY DAY.

Posted by: chuck at September 12, 2003 04:50 PM
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