Originally Posted by jlammy
Exactly. Congress can pass it, but if the Supreme Court rejects it then it goes to the chopper. From what I understand, Congress will pass a law, the President will review and sign it to approve, but all that can be stopped if the courts decided that the law is unconstitutional.
The thing is this law isn't necessarily unconstitutional--it only erodes the right of the courts to decide which cases to hear.
The court system works fine as it is. Only after a judge decides a case is worth of trial and a jury decides to find in favor of the plaintiff does the defendant lose anything.
As George pointed out, even "frivolous" lawsuits do have facts which are convincing enough to both a judge and a jury such that damages are awarded.
Truly frivolous lawsuits are thrown out of court. It has never been nor should it be the place of congress or any other legislative body to decide who has access to the court system and to what end.