The Biggest Loser

An AP story today (Thursday) reports that U. S. District Judge Stanwood Duval ruled that the Army Corps of Engineers is largely responsible for the post-Katrina flooding in New Orleans. This ruling is notable for a number of reasons. Referring to the Corps maintainence practices as "monumental negligence," Duval awarded more than seven-hundred thousand dollars ($700,000) to seven plaintiffs. He found that the primary cause for the massive destruction on New Orleans' west side was the Army's Corp failure to maintain the levee system.

Duval's agressive ruling has opened the floodgates (sorry!) for nearly 100,000 other individuals, businesses and others to seek recovery of their documented economic losses from the federal government. The potential awards could be in the billions of dollars, but the government is expected to appeal in an effort to justify its action (or inaction) under the umbrella of 'limited liability.' Or, to describe it more correctly...limited accountability. Whatever the resolution after the appeal, we, the citizens, will take it on the chin.

If Duval's ruling is upheld, then the taxpayers will be on the hook for billions of dollars in damages to restore the decimated properties in New Orleans. How will we pay? The only way available is to borrow more money and increase the deficit, or raise taxes to generate the funds. The repercussions do not end with the Delta. What if the National Weather Service errs when predicting the path of another storm? Will the federal government be held liable? What if ethanol subsidies fail to support the growers and processors at a level that will make them viable? Will the government be obligated to make up the difference? And on...and on...and on.

Because the government usually manages to avoid direct accountability, the ruling is likely to be overturned upon appeal. Good news, right? A successful appeal could save taxpayers trillions of dollars from the New Orleans' case and potential future litigation. The massive downside, however, would be that government accountability is non-existent. Citizens would have no recourse when they are harmed by negligent government action...or indifference.

So, how does this ruling and this case affect what is going on today. If we were operating (pun intended) under a government-controlled health care system, then if Duval's ruling hold, the over-the-top cost of malpractice protection would have to be included in the estimated costs. How is that structure much of an improvement? The trial lawyers (blood-sucking, ambulance-chasing, liberal-supporting sleazebags) will not be eliminated in the model because of their political activism and contributions. A recent poll suggested that up 45 per cent of practicing physicians would leave medicine in the U.S. if the "public option" were enacted. Even if a large portion of those respondents were to reconsider, the exodus of the remainder could put a severe strain on the health-care delivery system. At any rate, it seems plausible that high quality care may be jeopardized, and increasing the likelihood of more care-related litigation (the trial lawyer full employment act of 2009).

If the appeal is successful, then isn't it comforting to know that our government run healthcare system would have no accountable obligation. What an exciting prospect: Surgeon A cutting open your gut, handling your vital organs, placing them back and sewing you up, and if she screws up....Oh, well. Better luck next time, if you survive. Just image what the doctrine of "no accountability" would mean for other government tasks. Air traffic controllers...Homeland Security...FBI. To a large degree, government workers are immune from being held strictly accountable for their decisions and their errors. A "fall guy" is identified and either demoted or dismissed. A legal finding that holds the government, and by extension...government employees, exempt from liability would strengthen and codify the current system of whitewashing.

The Army Corp of Engineers will probably argue (with some merit) that billions of dollars for levee improvments had been budgeted by Congress in recent years, and much of the money was siphoned off by Louisianna state, city and parish politicians for other purposes. The Corp, therefore, was unable to fullfil its obligation to restore and maintain the levees. I agree with this line of argument. It illustrates massive incompetence and venality at every level of government.

Personally, I want Judge Duval's ruling to stand. If it does, then my friends and I will sue the living crap out each and every department, agency and directorate that does not perfectly execute its mandate. For decades the liberals have used the courts to bypass the Constitution and a reasonable legislative process. It's time to turn the tables and litigate all levels of government to their knees.