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In this Update:
Constitutional Amendment Necessary Solution to Terminate ‘Nuclear’ Trial Lawyer Venue Shopping
The Pennsylvania Supreme Court has removed previous restraints that prevented trial attorneys from selecting the most lucrative jurisdictions for filing medical liability actions. The corresponding fallout of “Nuclear” medical malpractice awards being consistently handed out by Philadelphia courts, maternity wards closing and the epidemic statewide mass exodus of physicians, cardiologists, OBYGNS and other life-saving medical specialists is painfully obvious and undeniable. On Oct. 27, as Chairman of the PA Senate State Government Committee, I convened a public hearing to receive testimony on my legislation that would grant the legislature constitutional authority to terminate trial lawyer venue shopping (Senate Bill 125). Because the Pennsylvania Supreme Court has already held that a law against venue shopping would be unconstitutional, the only way the legislature can intervene in the best interests of the citizens we serve is through passing a constitutional amendment. Last Monday’s hearing featured four panel presentations with sworn testimony from doctors, hospital administrators, trial lawyers, and organizations. As you will see from the video clips below, we heard from testifiers about the effect that the court’s repealing of the venue rules has had on them and their peers. We also heard testimony from trial lawyers who do not want the venue rule reinstated:
When it comes to actual policy solutions, it is important to use common sense to figure out WHY the opponents of Senate Bill 125, who are in favor of venue shopping, try to make this issue so very confusing and complicated. If trial lawyer venue shopping and nuclear medical malpractice verdicts are not harming Pennsylvania’s health care industry, then when WHY did so many overwhelmed doctors, specialists, and hospital administrators make the time to travel to Harrisburg and testify on a Monday morning? Ask yourself, WHY it was recently reported that Pennsylvania is leading the country in hospital closures. By the way, when hospitals close, they usually stay closed forever—critical access to health care and those local health care jobs are also gone forever. If it’s not about the money, then why are the people who are making money by suing hospitals in select counties, the only people that we can find who oppose Senate Bill 125? Again, by asking WHY and using common sense, we can all come to the realization that the only people that venue shopping benefits are trials lawyers, and that venue shopping hurts everyone else. Based on the fair and balanced testimony, I think we can also agree that Pennsylvania is heading towards another major health care crisis, that is very literally a matter of life and death. Rising health care costs, limited access to care and facilities are all things that have lethal consequences. Bold venue shopping reforms, like those rejected by the PA Supreme Court in 2002 and 2003, are desperately needed to stop Pennsylvania’s health care desert from expanding past the point of no return. The testimony received in last week’s public hearing, has affirmed for me that Senate Bill 125 is one of those bold reforms. Update: Dush Demands PA Supreme Court Ruling on Trial Lawyer Venue Shopping Before Upcoming ElectionOn Oct. 29, I personally delivered a letter, urging the Pennsylvania Supreme Court to immediately reexamine its 2022 decision to rescind the medical liability venue rule; to promptly inform Pennsylvania citizens of any judiciary actions; and not to withhold this information until after the November 2025 election. Watch my most recent Senate floor remarks, read the news release, and view my full letter to the Pennsylvania Supreme Court. Senate Approves State Budget Funding Essential Services Without Raising Taxes
For the second time this year, I once again joined with all PA Senate Republicans in voting to approve a $47.9 billion state budget (Senate Bill 160) that respects taxpayers and protects the financial stability of our Commonwealth while ensuring that counties, school districts, and other stakeholders receive their desperately needed state funding. The new Senate budget plan continues to meet the Senate Republican requirement of imposing no tax hikes on Pennsylvania families while taking the added step of fully funding the commonwealth’s debt service and its share of school employees’ retirement. Leading by example, the Senate-passed budget also includes a 5% cut in spending for the General Assembly, reflecting the Senate Republican priority of living within our means across government and right-sizing legislative spending. Operating from the same national Democrat playbook that designed the federal budget impasse, Gov. Shapiro and PA House Democrats are still pushing for an unsustainable budget that would bankrupt our state and raise your taxes. I’m now calling both of these impasses, or hostage situations, the Schumer Shapiro Shutdowns. Democrats designed them. They own them. If they do not want the increasing scrutiny and pain from our constituents they need to work with us…and that includes Gov. Shapiro showing up in the Capitol when the Senate is in session and not (ineffectively) going around in Republican districts trying to smear us while we are here working for the people. This budget (Senate Bill 160) can be immediately sent to the governor’s desk— it just takes one collective vote from PA House Democrats to get money flowing to schools, non-profits, and all other essential services. Stopping Shapiro’s RGGI Electricity Tax
On Oct. 22, I once again voted in support of advancing bipartisan legislation to prevent Gov. Shapiro’s massive electricity tax. Senate Bill 1068 formally repeals Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (RGGI), ensuring that any decision to impose electricity taxes or carbon emissions restrictions must go through the legislative process rather than being enacted unilaterally by the governor. RGGI, a multi-state compact, would increase electricity rates on families and employers, cut energy and manufacturing jobs and has already caused Pennsylvania power plants to close. The Commonwealth Court has ruled that RGGI is a tax and cannot be implemented without legislative approval. However, the governor appealed the decision to the Pennsylvania Supreme Court. His action has deepened concerns about energy grid reliability and affordability, prolonged uncertainty for workers and businesses across the commonwealth – and caused electricity prices to go up for hardworking families. Senate Bill 1068 was sent to the House of Representatives for consideration. Clearly, it is time to repeal the Shapiro RGGI tax and focus on putting forth common sense, environmentally responsible energy policy that recognizes and champions our energy independence rather restricting economic freedom and energy job creation. Landmark Bill to Modernize PA’s Broken Permitting Process Approved by Senate
Pennsylvania will continue to lose out on unprecedented economic progress whenever there are costly delays, incompetence, inconsistency, and uncertainty in the permitting process across state agencies. A sweeping permitting reform measure to bring greater accountability, transparency and efficiency to how state agencies handle permit applications was approved by the Senate. Senate Bill 6 sets clear timelines for state agencies to review permit applications, creates a permit tracking system and ensures applicants receive timely, consistent answers not endless delays. The measure, which passed with bipartisan support, also requires regular performance reporting so Pennsylvanians can hold their government accountable. The bill builds on the Streamlining Permits for Economic Expansion and Development (SPEED) program that required the Department of Environmental Protection to implement a permit tracking system. This legislation expands those transparency and accountability measures to all state agencies. Now awaiting consideration in the PA House, Senate Bill 6 would also ensure that these permitting process reforms are firmly locked into law and will outlast any single administration. Make Your Voice Heard Tuesday on Election Day
Tuesday, Nov. 4 is Election Day, the last chance of the year for voters to weigh in on races for local, county and judicial positions. Polls are open from 7 a.m. to 8 p.m. For those voting by mail, county election offices must receive completed ballots by 8 p.m. on Election Day. Find your polling place and other voter information here.
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