When Congress Overrules, Judges Should Listen

• By Harper Jean Tobin
• Special to Roll Call
• July 14, 2008, Midnight

When federal courts threw out lawsuits for victims of a train accident, Congress and President Bush responded last year by passing a law to ensure compensation for victims of preventable accidents. This month, two federal appeals judges said reinstating the lawsuits was now a no-brainer. But a third judge would have thrown out suits by victims of the very accident that prompted the amendment, giving it such a narrow reading that it would be practically repealed. Though his view did not prevail, the case presents a cautionary tale for lawmakers seeking to undo misguided court decisions.