Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee of jury trial rights under the Constitution. Here is an example: a Baltimore jury verdict that the legislature took from the victim before it was even entered.

Andrew Vernick, who represented the radiology company, said Tuesday that he expects the judgment (based upon a $2.4M verdict) would be reduced to $800,000 for pain and suffering, plus about $140,000 for medical bills, due to a cap in Maryland.

I wonder what would happen if a state came for citizens’ guns the way they come for our right to a verdict? The link to the story on the recent Baltimore medical malpractice jury verdict is here:

Jury awards Baltimore County woman $2.4 million after GBMC surgery failed to remove breast cancer tumor