Politics

October 27, 2022

Jeffrey P. Gale, P.A. — Arbitration is Un-American

The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Jury trials allow everyday citizens, guided by the law and the facts, to pass judgment on civil matters between contesting parties. The concept is that the collective wisdom of juries consisting of our peers, devoid of bias and preference, will render just decisions. The system, which, in my view, is the greatest system devised by any society for handling such matters, has worked remarkably well.

July 29, 2022

Jeffrey P. Gale, P.A. // The Federalist Society Opposes Civil Jury Trials for Average Citizens

by Jeffrey P. Gale, P.A.

The Seventh Amendment to the United States Constitution provides as follows:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The first ten amendments to the Constitution are known as the Bill of Rights. They were proposed by James Madison, the fourth president of the United States, in a speech before Congress on June 8, 1789. Here’s what he said in that speech about jury trials:

Trial by jury cannot be considered as a natural right, but a right resulting from the social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre—existent rights of nature.

The Federalist Society is a conservative American legal organization. Former members include current U.S. Supreme Court justices Brett Kavanaugh, Neil Gorsuch, Clarence Thomas, John Roberts, Samuel Alito, and Amy Coney Barrett. The society’s logo is a silhouette of James Madison and its website displays his portrait at the bottom.

February 9, 2017

Jeffrey P. Gale, P.A. // Trump’s Parents Failed

by Jeffrey P. Gale, P.A.

Here is my Letter to the Editor (Miami Herald), published on February 9, 2017:

FAILED PARENTING

I’m not a psychiatrist, so I won’t venture a diagnosis to explain President Trump. But I am a parent and do have an idea from that perspective: Trump’s parents failed miserably at teaching their boy the basic lessons of human decency.

November 21, 2016

Jeffrey P. Gale, P.A. // Beware of Republican Shell Game on Pre-Existing Conditions

by Jeffrey P. Gale, P.A.

In the upcoming healthcare debate, watch carefully for a Republican shell game. In his 60 Minutes interview, Trump professed support for prohibiting insurance carriers from denying coverage for preexisting medical conditions. Left unsaid is whether carriers will be allowed to charge higher premiums based on preexisting conditions, a practice banned under the Affordable Care Act (a/k/a “Obamacare”).

With “Profits Over People” representing a fundamental Republican theological belief, it seems likely that their healthcare plan will allow price gouging on this issue just like before the ACA, essentially making illusory the promise of coverage for preexisting conditions.

November 20, 2016

Jeffrey P. Gale, P.A. // Keeping Trump’s Excesses in Check

by Jeffrey P. Gale, P.A.

We are all in deep trouble with Trump, right-wingers included, but Congress, especially Republicans, can limit the damage by insisting on decency, honesty and fair-dealing from his administration. This will require principle and backbone, two characteristics in short supply in Republican leaders like Mitch McConnell and Paul Ryan.

It took resolute and honorable Republicans to bring down Richard Nixon. That was a long time ago, during a period when civil discourse and cooperation between the parties was at a much higher level than it is today.

What’s especially frightening is that compared to Trump, Nixon was a decent fellow.