May 8, 2020

Fox News judicial analyst Andrew Napolitano said on Thursday that a Republican plan to shield businesses from coronavirus-related lawsuits is “dangerous.”

Earlier this week, Senate Majority Leader Mitch McConnell (R-KY) suggested that he would not support additional relief funds to households and businesses unless the package also includes a measure shielding businesses from liability for coronavirus infections.

But Napolitano argued that the provision would be anti-conservative and violate states rights.

“Can the Congress tell state courts that they cannot hear claims of liability when someone goes into a public accommodation and contracts coronavirus?” the Fox News analyst explained. “Congress has been very reticent to do that. Conservatives who believe in states rights have been very reluctant to interfere with the operation of state courts.”

Napolitano pointed out that the only other instance where Congress has restricted state courts is a law that prohibits gun manufacturers from being sued over gun violence.

“I think that this liability shield business is very dangerous,” he added. “The decision of whose fault someone was harmed by should be decided by juries and not by politicians.”

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