Elections point to new approaches in Congress.

The elections held November 3 resulted in important changes in the makeup of Congress, its leadership, and perhaps, in its approach to tort "reform." While the elections and the leadership upheavals that followed them will certainly not put an end to efforts to have legislative Washington preempt state tort law, they could at least alter the tenor of debate on Capitol Hill.

The best news for trial lawyers from the elections comes in the Carolinas. The greatest champion of state civil justice systems in Congress, Sen. Ernest "Fritz" Hollings (D-S.C.), won reelection by a respectable 7 percent margin in a hard-fought race against Rep. Bob Inglis (R-S.C.). Even if every other race had gone our way, losing Fritz Hollings would have put a damper on the election for trial lawyers and defenders of state authority.

An election high point

The other high point from the Carolinas was the election of John Edwards (D-N.C.), who edged out incumbent Republican Sen. Lauch Faircloth. Edwards is a successful trial lawyer who proudly states that he made his living representing ordinary people against big corporate interests. Edwards's passionate support of legal rights and his ability to translate legal concepts into terms everyone understands can make him a key player when civil justice issues are considered in the Senate.

Another welcome newcomer is Evan Bayh (D-Ind.). As a popular governor and the son of former Sen. Birch Bayh, he was such a prohibitive favorite that the incumbent in the Senate seat, Dan Coats (R-Ind.), chose to retire rather than face Bayh.

As events turned out, Bayh faced an underfunded mayor and won by a 29-point landslide, garnering nearly 2 out of every 3 votes.

A number of other close races turned out well. Sen. Barbara Boxer (D-Cal.) faced down a strong bid by Matt Fong. Patty Murray (D-Wash.) defeated conservative Rep. Linda Smith.

Closest of all was the Nevada race between Democratic Sen. Harry Reid and Republican Rep. John Ensign. Determined by less than 500 votes, the outcome of this cliff-hanger was not decided for several days.

The winner, Reid, has been a staunch opponent of the products liability bill and other measures. He is going to be the new Senate Democratic whip, the second-ranking leadership post.

One race that was not a cliff-hanger was in Alabama. Sen. Richard Shelby (R-Ala.) easily defeated his Democratic opponent by 26 points. Shelby, a former trial lawyer, has steadfastly fought against federalizing tort law.

The most lopsided race of the year resulted in the reelection of Sen. Daniel Inouye (D-Haw.) by 62 points--more than a 4-to-1 margin over his nearest rival. Inouye has been an opponent of federalizing tort law. He is the second-ranking Democrat on the Commerce Committee, which deals with many of these bills.

However, not all Senate opponents of federalizing tort law were reelected. Sen. Alphonse D'Amato (R-N.Y.), among the most outspoken Republican senators, was defeated by Rep. Charles Schumer (D-N.Y.). D'Amato did not just vote against tort "reform"--he also fought against it.

While D'Amato will be missed, Schumer's House voting record against tort "reform" bills is excellent.

Perhaps the greatest upheaval generated by the election was not the individual races but the aftermath and recriminations that dramatically altered the House leadership. The resignation of Speaker Newt Gingrich (R-Ga.) and the election of Speaker-Designate Bob Livingston (R-La.) may significantly alter the House's leadership style from what it has been since the "Republican revolution" of 1994.

House manager

Livingston prides himself on his ability as a manager. He is less ideological than Gingrich. Livingston has been chairman of the House Appropriations Committee, perhaps the House's most collegial and bipartisan committee.

Published reports say that Livingston is planning to have a narrowly focused agenda with a major goal of passing all the required spending bills before the fiscal year ends on September 30.

The failure of the previous leadership team to pass the spending bills on schedule, which resulted in marathon negotiations with the White House and produced a spending bill seen as a victory for the president, was a source of friction among Republican House members. This reportedly depressed turnout among the Republican faithful in the fall elections and resulted in lost seats.

A change in style

Because Gingrich had used a top-down leadership style, where committee chairs were expected to implement the leadership's agenda rather than their own, he was blamed when the strategy failed.

Livingston has signaled that he intends to move back toward a more open leadership style and return power to committee chairs. This may signal a more substantive, less ideological Congress.

The elections of 1998 appear to keep ATLA in a strong position--but there are sure to be many challenges in the new Congress. ATLA will continue to defend the legal rights of all Americans, no matter what the new Congress may bring.

Biggest upheaval

The greatest upheaval generated by the election was not the individual races, but the aftermath that altered the House leadership.

Philip Buchan is an associate director of ATLA Public Affairs.