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Just as juries that ignore the evidence to reach a verdict contrary to the law engage in “jury nullification,” judges that substitute their policy preferences for those of elected legislators commit “judicial nullification” by striking down democratically enacted statutes by judicial fiat. Two recent decisions by the Georgia Supreme Court are textbook examples. These decisions, overturning medical malpractice caps on noneconomic damages and overriding the federal ban on tort suits against vaccine makers, ignore prior precedent, statutory language, and limitations on judicial authority. Each decision will have a substantial and deleterious impact, both on Georgians’ health and welfare and on the state’s civil justice system, while enriching the trial bar at the expense of Georgia’s citizens. Georgians are left with two options: (1) amend the state constitution to make it clear that the General Assembly has the authority to limit or eliminate damages in all tort claims or (
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