Written by Attorney Erin Nulty

Note: This article is an interpretation of current law and is offered for informational purposes only. This material is not legal advice and should not be construed or used as a substitute for the advice of an attorney.

In recent weeks, prior optimism concerning passage of the Class Action Fairness Act of 2004 has waned as debate on the bill has been continually delayed. A compromise reached between Senate Republican leadership and key Democrats in November of 2003 to broaden Democratic support brought the legislation back to life after Republicans narrowly missed defeating a Democratic filibuster of the bill. Sponsors of the compromise bill – introduced February 11, 2004 as Senate Bill 2062 – have expressed confidence that the legislation now has enough votes to defeat another Democratic filibuster. With the necessary votes in place, it was expected that the bill would be debated in late February or early March. Other legislative priorities, combined with the Democrats’ threats to offer both germane and non-germane amendments to S. 2062, have resulted in a lengthy delay in bringing the bill to the floor.

While it appears as though the bill may make it to the floor at last, Democratic roadblocks may thwart its debate and passage. According to a March 30, 2004 CongressDaily report, Senate Majority Leader Bill Frist expects to bring S. 2062 to the floor after the Senate reconvenes on April 19, 2004 following its Spring recess. Even though this is an election year and class action reform is one of President Bush’s priority agenda items, there is no guarantee that Senator Frist will go forward with debate on the bill if it may be defeated by Democratic amendments. Several influential Democrats, including Senators Patrick Leahy and Edward Kennedy, have indicated that they will offer relevant amendments to improve the bill, as well as non-germane amendments related to the Democratic agenda, whenever the bill is moved to the floor. When, and if, debate does begin on S. 2062, it can be withdrawn from the floor by the Republican leadership if Democrats persist in offering unrelated partisan amendments to the bill.

If S. 2062 is debated and passed by the Senate, another obstacle remains before class action reform legislation can be enacted this year. An agreement between members of the Senate and the House, which passed H.R. 1115 on June 12, 2003, must be reached on each chamber’s differing version of the bill. According to the April 2, 2004 edition of The Hill E-News, there may not be enough time left in this session’s shortened legislative schedule for the Senate and House to reach an agreed upon version of the Class Action Fairness Act.