Class Action Bill Fails To Pass Senate

Class Action Bill Fails To Pass Senate

Despite support from 62 Senators for a compromise class action bill, a procedural vote to end the debate on federal class action legislation failed by 16 votes the night of July 8. The issue behind the procedural vote hinged on whether lawmakers could offer unrelated amendments. The bill is now officially “stalled” in the Senate, and prospects for passage, particularly before the election, are now greatly diminished.

Senators John McCain (R-AZ) and Joseph Lieberman (D-CT) had hoped for a vote on their non-germane climate change legislation amendment, but Senate Majority Leader Bill Frist (R-TN) wanted to cut off all unrelated amendments, other than one on minimum wage. The Republican leaders decided to move forward on the motion, which needed at least 60 votes. The 44-43 vote was largely along party lines.

Republicans and Democrats were quick to blame each other for the billês demise. GOP leaders argued Fristês cloture strategy was an attempt to prevent Democratic opponents of the bill from killing it by attaching unrelated, politically motivated amendments (like a minimum wage increase and climate change amendment).

But Democrats said by invoking cloture (which limits debate on the bill), Frist guaranteed the billês failure by denying Democrats an opportunity to be heard on their issues. Frist fired back that with only 31 legislative days left this year, there just isnêt enough time to debate bills.

Both NADA and AIADA have lobbied hard in favor of the Class Action Fairness Act (S. 2062), which would transfer many class-action lawsuits seeking more than $5 million in damages from state to federal courts. NADA said it expects to see the climate change amendment again and will activate targeted grassroots at the appropriate time. AIADA thanked all its members for their support of the bill, but conceded that election year politics ruled in the end.