Malicious intent: how the GOP's war on the tort system has caused pain and suffering to victims and Democrats.

• Author: Drum, Kevin
• Position: "Blocking the Courthouse Door" - Book review

Blocking the Courthouse Door By Stephanie Mencimer $26, Free Press

The personal is political. So let's take personal tour of the American legal system as it's currently practiced in the great state of Texas, shall we?

Victim #1 on our tour is Jordan Fogal, a middle-aged Republican homemaker who bought a home in Houston four years ago. On the day the Fogals moved in, Jordan's husband pulled the bathtub plug after he had finished taking a bath and, as Jordan later recalled to Randall Patterson of Mother Jones, "all 100 gallons of that water came down through the dining room ceiling, into the light fixtures, down the columns, onto my dining room table and Oriental rugs. And I just started screaming."

The Fogals' builder fixed the drain, but more problems cropped up. And then more. An inspector found serious roofing problems, widespread moisture and rot, and encroaching mold. Jordan called and called but got nowhere. Their inspector estimated repairs at $199,000. The builder eventually offered $5,000. Later, Jordan discovered that other houses in the same neighborhood had reported similar problems, and that her house had displayed water and mold problems even before they had bought it.

So did the Fogals take their builder to court? No. Like many states, Texas requires dissatisfied homeowners to settle disputes out of court in binding arbitration. But that's not all. The Texas legislature has also abolished "workmanlike construction" standards for homes, done away with punitive damages, and created a builder-controlled commission that determines whether you're even allowed to file for arbitration in the first place. Of the few who get there, even fewer win in arbitration, and there is no appeal. Jordan Fogal was stuck.

Victim #2 is Alvin Berry. Like many Texans, he voted Yes on Proposition 12, a 2003 initiative that limited pain and suffering damages in medical malpractice suits. "I think there are too many frivolous lawsuits," he told Texas Monthly reporter Mimi Swartz.

But then Berry suffered some malpractice of his own: a doctor who ignored a set of plainly dangerous lab results for months. When the doctor finally ordered a biopsy, he discovered that Berry had prostate cancer that had spread to his bones in 20 places. He gave Berry five years to live.

Unlike Jordan Fogal, Berry had the right to go to court. In theory, anyway. In practice, as his lawyer explained to him, it's now usually an exercise in futility. Because of the new damage caps, it's not worth it for lawyers to take anything but the most slam-dunk cases. What's more, even if you can find a lawyer to represent you, insurance companies have very little incentive to settle since their losses are limited by law. Thus, between court costs, attorneys'...