Where Are the Tort Reformers?

The House Judiciary Committee has passed a bill dubiously titled the "Public Expression of Religion Act of 2005." What the bill actually does is take away a major motivation for poor people to pursue legal redress when their rights have been violated - 42 USC 1988(b). What 1988(b) does is allow successful plaintiffs in civil rights cases (so-called 1983 cases, after the Code section creating the cause of action) to recover attorney's fees from the defendants. The bill would preclude such fees being awarded in First Amendment religion cases.

In other words - the current system is loser pays. Isn't that the wet dream of the GOP tort reformers? Why would they want to get rid of such a provision? Why, of course, to stop the ACLU from winning also those First Amendment lawsuits. You know, the "frivolous" ones enforcing the separation of church and state that they always seem to win?

More here.