[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[House]
[Pages 5968-5969]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1145
                 STATES' RIGHTS AND MEDICAL MALPRACTICE

  (Mr. GREEN of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. GREEN of Texas. Mr. Speaker, I rise today to urge my colleagues 
to respect the rights of States that have governed in an area for over 
30 years.
  This House will consider H.R. 5 tomorrow. This legislation does 
nothing more than attempt to impose Congress' will on States without 
giving them the opportunity to draft their own solutions to this 
problem.
  Medical malpractice is a problem. Insurance rates are a problem. 
Availability is a problem. But our States have dealt with this issue 
for almost 30 years now, and I know that in Texas the State legislature 
is considering a piece of legislation now. In fact, in 37 States, 
States are considering legislation now.
  State legislatures have always been the laboratories for successful 
legislation. They are best positioned to determine how to address the 
medical malpractice situation in these States. These lawsuits are filed 
in State

[[Page 5969]]

courts, not in Federal courts. H.R. 5, however, ignores the hard work 
being done by our States and imposes a one-size-fits-all, Washington-
knows-best approach; and that is not the way to govern.
  Mr. Speaker, I encourage my colleagues who consider themselves 
defenders of States' rights to oppose H.R. 5 tomorrow and let the State 
legislatures do their job.

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