Sailing through a Mirage
You can’t take everything you hear at the Gold Dome at face value. And sometimes you’re really sold a bill of goods. This is the case with tort reform this year.
You might have heard that tort reform will lower your insurance premiums, particularly automobile and homeowners. Sounds good, right? Unfortunately, it’s not true. The insurance industry is enjoying record profits while still raising your rates, and Governor Kemp’s tort reform package, as revealed through Senate bills 68 & 69, does nothing to lower those rates. Instead, it’s mainly designed to shield big businesses from liability.
And ironically, it will make Georgians less safe, and less able to have their day in court. What we need is insurance industry reform — perhaps that’s why the insurance industry has spent $10 million lobbying on this issue in Georgia.
A Deep Dive into Tort Reform
What is tort reform? A “tort” is a wrongful act that harms someone, like a car accident or medical malpractice. Victims can seek compensation through civil litigation.
I began seeing the push for tort reform way back when I was serving in the Georgia House (1998 – 2004), when doctors were concerned about the rising cost of liability insurance. Even back then, I was suspicious that insurance companies were raising costs in order to pressure doctors into advocating for “reform” that would in turn raise insurance profits. Soon after I left politics (2005), the legislature passed legislation that capped jury awards. In 2010, the Georgia Supreme Court ruled Georgia’s jury caps were unconstitutional, as they denied a citizen’s right to trial by jury.
Last year Governor Kemp passed legislation to “study” tort reform. But that research—including a Study Committee led by Insurance Commissioner John King—shows rising premiums are driven by extreme weather and rising costs in materials and labor. They forgot to mention record profits.
Kemp’s Proposal:
Governor Kemp’s two Tort Reform bills, SB 68 & 69, were heard in the Senate Judiciary Committee this week, so they could come to the Senate floor soon. Governor Kemp has already threatened a Special Session, designed to interrupt legislators’ summer vacations, if his bills fail to pass during the regular session.
Senate Bill 68 is an omnibus bill — it has several sections, some of which I support, and some of which I don’t. Here’s a run-down:
- Damages: Restricts discussions of pain and suffering in court, and restricts medical damages to costs actually paid, not billed.
- Premises Liability: This is the most controversial part of the bill, as it greatly weakens the responsibility of business owners to ensure their property is safe for customers.
- Procedural Changes: Alters the timeline for voluntary dismissals, allows for delays in court cases, and divides trials into multiple phases.
- Seat Belts: permits evidence of seat belt use to be presented in trials.
Senate Bill 69 regulates third-party funder of lawsuits, requiring registration with the state, and outlawing referral fees and incentives. There is an exemption for non-profit organizations such as the ACLU.
Navigating the Shoals
The other day one of my Democratic colleagues told me he visited the Lt. Governor to seek support for a bill he’s been working on for several years (the Lt. Governor controls which bills come to the Senate floor for a vote).
Instead of focusing on the content of the bill, the Lt. Governor began pressuring my colleague to support the Governor’s tort reform bills. The command was clear — for his bill to move, my colleague would need to support tort reform. By the end of the week, the Lt. Governor had not accepted any compromises offered by the Democratic Caucus, nor had he allowed any Democratic bills to move forward. At least for right now, tort reform appears to be driving everything under the Gold Dome, and there’s quite a bit of arm twisting going on. A better bill would be easier to sell.
(If you have opinions or insight into the Governor’s tort reforms, please don’t hesitate to let me know by replying to this newsletter.)
Not Anchored in Reality: Federal Budget Chaos
Redirecting federal funds isn’t unusual under a new administration, but the Constitution is clear. The Executive branch cannot make unilateral spending decisions—Congress controls the budget. The Trump/Musk funding freezes and reckless firing of federal workers have real impact here in Georgia. Thousands of Georgians have lost their jobs, important medical research, grants to Georgia farms, business contracts, and hurricane disaster aid to Georgia families are all up in the air. Meanwhile, Trump’s new tariffs are set to drive up prices on everything from cars to clothes to canned goods.
Yet our Republican colleagues are either unaware or unfazed. This week, Senate Democrats raised concerns about MANA Nutrition in South Georgia that contracts with USAID to produce a peanut product to combat global hunger. The Republican Senator representing Fitzgerald, GA where MANA’s peanut fields and manufacturing plant are located, was unaware of the issue. He later defended the illegal 90-day federal spending freeze (the Impoundment Act of 1974 allows only a 45-day pause without congressional approval), sharing a litany of crazy USAID programs that DOGE claims it has under review. A simple Google search debunked most of those claims as distortions or outright lies.
Republicans won’t be able to ignore this chaos much longer. More than one-third of Georgia’s budget comes from federal funding, and looming Medicaid and Medicare cuts threaten healthcare access for thousands of Georgians.
Drifting Off Course: Priorities That Don’t Help Georgians
At the start of the week, the Senate had only voted on three bills; by week’s end, that number had doubled. Instead of tackling economic challenges or healthcare expansion, Republicans focused on politically divisive issues.
1. Attacking Transgender Healthcare Instead of Expanding Access
A third of the Senate’s floor votes so far have targeted transgender care.
This week, Senate Republicans passed SB 39, which cuts off coverage for transgender care under the state health plan, even for adults.
They also pushed SB 30 through the Health and Human Services Committee. It bans puberty blockers and other treatment for transgender youth, criminalizes doctors who provide transgender care for minors, and removes a previous exemption for transgender youth already receiving treatment before Georgia’s hormone treatment ban took effect.
Meanwhile, Georgia remains one of ten states that haven’t expanded Medicaid, leaving thousands without basic healthcare.
2. Making Guns Cheaper Instead of Groceries
Just five months after a deadly school shooting at Apalachee High School, Senate Republicans passed SB 47, extending Georgia’s tax holiday for guns from 5 to 11 days.
School supplies? No tax holiday.
Diapers and feminine hygiene products? No tax breaks.
Guns? Extended tax holiday.
Democrats have proposed tax breaks for diapers and feminine products, but those bills are going nowhere. Guns are the priority now.
3. Punishing Local Leaders — But Not the President
Thursday’s debate on SB 21 focused on punishing local governments for failing to enforce federal immigration laws. Georgia already prohibits sanctuary cities, but this bill adds steeper penalties.
Democrats warned that this would strain local resources, forcing law enforcement to prioritize detaining immigrants over more serious criminal cases due to jail overcrowding. Republicans dismissed these concerns, insisting the bill simply reinforces existing laws.
The irony? While demanding penalties for local officials, they look the other way as Trump’s administration openly violates federal law.
Ready About! Take ACTION on Healthcare & Education
Make a habit of calling your two U.S. Senators and your Congressperson every week. This week, focus on protecting Georgia’s $2.2 billion for K-12 schools and $3.6 billion for higher education. This funding includes funding for Title 1 schools in high poverty areas, special needs education, and student aid like Pell grants.
While you’re at it, mention that you’d like Congress to renew funding for the Affordable Care Act (subsidies are up for renewal this year) and Medicaid.
At the state level, call members of the House Human Resources Subcommittee and ask them to fund 200 additional Now & Comp Waivers (call your own Representative too). These allow adults living with severe intellectual & developmental disabilities to be able to live in their communities.
We’re in stormy times. Take care of yourself and others. Choose something positive to focus on to tamp down feelings of despair. Every act of kindness is an act of resistance.
This week’s 60 second “What’s it Matter to You?” video focuses on the illegal actions of Elon Musk.
