First, our founding fathers intentionally crafted a federal government that was limited in scope to a few powers and would leave all other decisions to the states and the people thereof. Given that neither tort reform nor health care are mentioned in the Constitution, or have a prevailing reason to be handled federally, it is most appropriate to be endeavored at the state level.
Second, from a policy standpoint state-initiated tort reform is more desirable. With a multitude of states experimenting with different solutions, through time we will progressively find out what works and what doesn't. This vision of states as "laboratories of democracy" will allow us to ultimately determine and implement the best solution possible.
A national law that acts as a single experiment simply wouldn't facilitate such an opportunity, inevitably leaving a better solution on the table that would advance America’s prosperity.
For these reasons Congress should de-fund ObamaCare’s tort reform demonstration program. Yes, it is a rather small element of the law, but it will serve as an important test of whether Republicans that campaigned on ending wasteful programs and stopping federal overreach are actually serious about enacting their promises.
It will also send an important signal for states that it is time for them to get busy and pass tort reform legislation.