The Political Mind Behind Tort Reform

By Dana Milbank

Tuesday, February 25, 2003; Page A21

For those who argue that President Bush's support for limiting jury awards has nothing to do with politics, a complication has emerged: His top political adviser, Karl Rove, has taken credit for the issue.

In an interview for a book published this week, Rove claimed responsibility for talking Bush into the subject of "tort reform" when he was packaging Bush for the 1994 Texas gubernatorial race.

"The two issues, education and juvenile justice, were on his agenda list," Rove told Wayne Slater and Jim Moore in an interview for their book, "Bush's Brain." Rove, noting Bush's interests in "compassionate conservatism" and "faith-based institutions," said: "Later, we added tort reform. I sort of talked him into that one."

Though Bush has said a civil liability revamp, specifically his plan to limit medical malpractice awards, "is not a Republican issue, it's not a Democrat issue," Rove's claim of paternity suggests otherwise. As Slater and Moore write, Rove was then a consultant to Philip Morris, an advocate for tort reform.

As part of his work for the tobacco company, Rove in 1996 provided advice on a "push poll" to see how best to damage then-Texas Attorney General Dan Morales, who was threatening to sue the tobacco industry. Rove presented a copy of the findings to Bush's office.

Rove's claim of responsibility for the tort reform issue is somewhat at odds with a deposition he gave during the tobacco lawsuit. Asked whether he discussed overhauling civil liability law with then-Gov. Bush, he replied: "I can't say that I did. But I can't say that I didn't. I do not recall. I know that tort reform was a significant part of his legislative agenda but it was not my area."

Slater and Moore write that while tort reform is standard Republican fare, "Rove wanted that issue elevated because he knew that its most ardent advocates in Texas could provide millions of dollars in campaign contributions needed to unseat [former Texas governor Ann] Richards."

At the national level, Bush's support for overhauling civil liability law has won him friends among insurers and doctors. According to the Center for Responsive Politics, health care professionals and insurers have given two-thirds of their $71 million in contributions to Republicans in the past two years.