July 31, 2005

ABA JOURNAL: MedMal Ruling Leaves Doctors Reeling:

As any constitutional law student knows, rational basis review is the lowest of the low.

But it was high enough for the Wisconsin Supreme Court to wipe out as an equal protection violation a cap on some medical malpractice damages. And it was enough to leave the state’s medical establishment reeling.

The court also cut off federal appeals by deciding the case solely under the Wisconsin Constitution, effectively painting physicians and their legislative allies into a corner as they pondered a fix.

I keep telling people about the growing importance of state constitutional law. Here’s more evidence.