I am not going to do an analysis of the California ballot, another than to make an observation:
Unions and trial attorneys make easy villains. But what are unions but collections of workers? Being in favor of taking care of workers is considered being beholden to special interests. And everyone hates trial attorneys until they need one.
Prop 46 is a mess: three good ideas packaged into one. The vociferous opposition claims “Trial lawyers will make millions.”
They might. But unlike most people, I don’t have a problem with that. The pain and suffering caps on medical malpractice were set in 1975, and have not been raised since. A law practice is a business; investigating and pursing medical malpractice claims can be expensive. Indexing those caps to inflation is completely reasonable. There may have been good cases which went untried — and victims uncompensated — because it did not make economic sense for an attorney to take it on, given the caps.
At least, that’s the way I see it.