[Congressional Record Volume 150, Number 93 (Thursday, July 8, 2004)]
[Senate]
[Pages S7863-S7864]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
CLASS ACTION REFORM
Mr. CARPER. Mr. President, we just concluded a vote and a very
disappointing chapter in our effort to reform the way part of our legal
system works in this country.
We have debated for the last several days how we might change the
current system where people have been harmed by goods or services
provided for their use by some company and did not get what they should
have--they have been shortchanged or maybe even exposed to a dangerous
product or harmed by it in some way--and how we might make sure they
are made whole and that we have the opportunity to assemble that group
of harmed people across States or across the country so they can have
their day in court. We are looking for a way to make sure the companies
that harmed those people are held accountable and know they are going
to face a serious financial consequence if they do something untoward
or just wrong with respect to their products or services which they
provide.
Today we were not able to proceed to the bill and have the
opportunity to offer amendments which are germane, pertinent to the
bill, relevant to the bill, or those which maybe were not.
My colleague who is presiding has been here for a year and half or
so. I know these are issues he has worked on a lot in those 18 months.
This class action reform is probably an issue on which he has spent the
most time.
As we leave here tonight with this business unfinished, I am deeply
disappointed. We come to the end of a chapter, not the end of the book.
We have to turn a page and figure out how to go forward.
Our system of justice is out of whack. It is out of balance. The
tragedy of it all is we had a very good legislative product here to
debate and fix. The system worked the way it was supposed to. We had
hearings, I think as many as 10, on this issue and how to fix it. The
committees of jurisdiction held hearings in the House and in the
Senate. The committees of jurisdiction had a chance to actually debate
and vote on the bills and to amend them. They had the opportunity to
report those bills out. The House debated this on the floor. In the
Senate, we had the opportunity. In the Senate, we fell one vote short
of bringing the bill to the Senate floor last fall. We had the
opportunity coming out of that disappointing vote to go back to make
the bill even better and to bring a truly bipartisan bill to the floor
of the Senate which would be supported by a Republican majority and
with a good deal of Democratic support.
Given that 65 Members in the Senate were prepared to vote for it, to
go home tonight not having had a chance to actually vote for
amendments, relevant amendments and nonrelevant amendments, is very
disappointing. I am not going to get into assigning blame. There is
probably enough on both sides.
I said to the press in an earlier interview that this week in the
Senate reminds me of maybe a new television reality show, a
dysfunctional family. It is not pretty to watch or, frankly, to be a
part of.
When I came here, I wanted to fix things and right wrongs. I know
most of us came here with that in mind. This is a wrong that needs to
be made right. We had a great opportunity in this bill to do that.
I leave here tonight bewildered, in a sense. One sure way to stymie a
bill and stop progress on it this week was to bring the bill to the
floor of the Senate in a way that closed off the opportunity for the
minority to offer some reasonable number of nongermane amendments.
I have said so many times to our friends on the other side of the
aisle, when you bring the bill to the Senate floor, think of it as a
bottle of wine we are opening. We are popping the cork and letting it
breathe for a while. Maybe set aside a week and give us a week to
debate the bill itself, relevant amendments and a reasonable number of
nongermane amendments.
If it becomes clear after several days or a week that our side is
being dilatory, if it becomes clear our side is simply not interested
in passing the bill, they are just playing games, those Democrats who
support a bill will support an effort to close off debate and to force
a final vote on the bill.
For the life of me, after saying repeatedly since January that the
one way to kill the bill is to bring it to the Senate in a way that
stymies debate and closes off amendments that might be nongermane, the
very first thing out of the box presented was a cloture motion and a
move to fill the amendment tree so our side is precluded from offering
amendments, except for those that are germane, I don't understand it.
In the words of a colleague on our side who is opposed to the bill,
the only way those who are opposed to the bill could have won was by
bringing the bill to the Senate today, invoking cloture, and inflaming
Democratic opposition to the bill, united Democratic opposition to the
bill.
There are at least a dozen or more on this side who very much want to
pass class action legislation this year. God knows I do, and I know
people on both sides have worked to get us to this point. For the life
of me, I do not understand why we could not open that bottle of wine,
let it breathe for a while, debate the amendments, germane and
nongermane. If it became clear we were wasting our time and people were
playing games, we could have cut it off, but do not do it right out of
the box.
I leave here bewildered and, frankly, more than a little bit
disappointed. I say to those folks around the country who are as
disappointed as I am, and others who support the bill, I am not one who
gives up easily.
Some of my colleagues hear me talk about my four core values that we
built an administration on when I was Governor of Delaware and which I
brought with me and I try to use them here with my legislative
initiatives.
One, figure out the right thing to do and do it. I am convinced
changing this part of our legal system is the right thing to do.
The second core value is to commit to excellence in everything we do.
By golly, I know we can do better than the status quo with respect to
this aspect of our legal system.
My third core value is the Golden Rule: treat other people the way I
want to be treated. When consumers are
[[Page S7864]]
harmed, they ought to be compensated. When companies misbehave, they
ought to have to pay damages. It is that simple. The way our system
runs today is wrong. It is wrong for consumers and, frankly, it is
wrong for companies, in many cases. It is a wrong that needs to be
righted.
My fourth core value is don't give up. I am not one who ever gives
up. I, for sure, am not going to give up.
While I go home disappointed, I will come back next week committed to
do whatever we can this year to pass this bill and get it signed into
law.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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