From Penn Law, LLC (https://www.pennlawgroup.com/blog/they-are-coming-for-your-constitutional-rights-its-time-to-say-no/)
Two years ago, it was Florida. Now it’s Georgia’s turn. Insurance companies and big business are coming for your constitutional rights, disguising their attack as “tort reform.” But these so-called reforms are not about justice, fairness, or lowering costs for hardworking Georgians. Instead, they are a calculated effort to further pad corporate profits at the expense of citizens and small business owners.
The latest attack comes in the form of Senate Bill 68 (SB68), the Governor’s bill allegedly designed to lower insurance premiums. But there’s one glaring problem: SB68 does not even address insurance rates—the very reason we are told it is necessary. Instead, this bill weakens your 7th Amendment right to trial by jury, a right our founding fathers fought to enshrine in the Constitution and which is reaffirmed in Georgia’s Constitution.
For everyday Georgians and small business owners, SB68 is a double blow—insurance premiums remain high, and your constitutional rights take a hit.
Even President Donald Trump, not exactly known for favoring lawsuits, has called tort reform “an insurance company bailout” and “the worst insurance scam in history.” He’s right.
A Legal Scam That Must Be Stopped
If SB68 passes, it will erase 292 years of common law in Georgia—laws that have existed since 1733. This bill would create a legal framework that does not exist anywhere in the United States or any other country with a civil justice system. That alone should be enough to sound the alarm.
It will also:
· Prevent you from telling a jury what you want in damages. The purpose of civil litigation is to seek just compensation. Under SB68, you wouldn’t even be allowed to tell the jury what that is. Our law states that damages should be set through the “enlightened conscience” of jurors. Yet, this bill prevents you from informing them—an absurd and unprecedented move.
· Treat homemakers, the elderly, and children as second-class citizens. Those who don’t earn traditional wages—like stay-at-home parents, retirees, or children—will have fewer rights than business executives.
· Create a “lawsuit lottery.” Without clear guidance, jurors will be forced to guess what damages should be, leading to wildly inconsistent and unfair verdicts.
Shielding Bad Actors from Accountability
SB68 doesn’t just make it harder to win lawsuits—it shields wrongdoers from consequences.
This bill removes the ability to penalize defendants who act in bad faith, cause unnecessary trouble, or stubbornly refuse to settle reasonable claims. Insurance companies will face no consequences for dragging out claims and denying rightful payments—if anything, they will be rewarded for it.
Make no mistake: SB68 is an insurance company dream bill. It gives insurers and big business even more power to delay, deny, and defend claims indefinitely, all while maximizing their profits at your expense.
Clogging the Court System with Burdensome Rules
Georgia’s legal system is already complex, but SB68 will make it worse—trials will take two to four times longer, increasing costs and clogging dockets.
This bill will also make hiring expert witnesses mandatory for questions jurors could answer themselves—like whether someone wore a seatbelt in a car accident. These additional costs will price everyday Georgians out of the courtroom, ensuring that justice is only available to the wealthy.
The Truth: Insurance Companies Are Thriving, Not Struggling
Don’t be fooled into thinking insurers need this bill to stay afloat. The truth is, insurance companies have never been more profitable.
In 2023, insurers made $87 billion in profits, and 2024 is shaping up to be even better. Meanwhile, their CEOs collect tens of millions in salaries, while everyday Georgians struggle to get their rightful claims paid.
The numbers tell the real story:
· Georgia’s defense costs for insurance companies are lower than in surrounding states.
· Insurance companies in Georgia pay out less per claim than they do in other states.
Despite these facts, they are still coming for your constitutional rights—because they want more.
This Bill Will Make Your Life Worse
Let’s be clear: If SB68 passes, your life will not improve. Your insurance rates will not drop. Your small business will not be better protected.
The only entities that will benefit from this bill are big business and the insurance industry.
No one chooses to be injured, disabled, or killed in an accident. No one asks to have their life permanently altered by another person’s negligence. I tell people all the time, “You do not want to have to call me, because if you do, something terrible has happened.” Yet, those harmed are now being told they should have fewer rights and fewer options for justice.
Imagine if it were your daughter, son, mother, or father. Would you want fewer legal options? Would you want your lawyer to be restricted in how they can fight for you? Would you want to be forced into a legal system rigged against you?
Reject This Attack on Your Rights
Accountability must apply to everyone—individuals, businesses, and insurance companies alike. SB68 destroys accountability by ensuring that only the wealthy and powerful can afford to seek justice.
This is not just another bill. This is a direct attack on the fundamental rights of every Georgian. We, the people, must stand together and reject this blatant power grab.
Contact your representatives. Tell them that we will not stand by while they strip us of our constitutional rights. Make your voice heard.
Say NO to Senate Bill 68. Say NO to corporate greed. Say YES to protecting Georgia’s hardworking citizens and small business owners.
They are coming for your rights. It’s time to fight back—LOUDLY.