In a compelling op-ed in the Washington Post, Virginia Attorney-General Ken Cuccinelli has challenged Republican U.S. Senators who have introduced a federal bill to limit medical-malpractice liability.
According to Cuccinelli, the federal government has no business legislating medical-malpractice law. Too many Republicans are fair-weather federalists, happy to leave states in charge when states legislate "conservatively", but too willing to assert federal power when states are not moving in the right direction.
My colleagues and I made this argument in the Investors Business Daily back in 2010. (It is online here, but for subscribers only.) There is nothing preventing any state from passing proven medical-malpractice reforms, like those passed in Texas and elsewhere.
Medical malpractice is none of Congress' business. The good senators behind the bill in question should keep focused on improving healthcare by shrinking the federal role, not increasing it.