Washington Examiner / Magazine
November 5, 2025 Issue
November 5, 2025 Print Edition
Cover Story
The moral hazard of monetized justice
Money has shaped the justice system for centuries through common law tort principles that balance financial restitution with moral accountability. But over several decades, that balance has collapsed. Wall Street and other big investors are now allying themselves with trial attorneys to take stakes in litigation outcomes. They have entered the courtroom through third-party litigation funding and accelerated the decline of justice from a pursuit of truth into a profit-driven enterprise.  What began as a system designed to make victims whole has become one in which financiers gamble on corporate risk aversion and human suffering. By stripping away the ethical restraints that once guided tort law, monetized justice has created a moral hazard, turning the courtroom into something between an amoral casino and an extortion racket. The first steps toward the perversion of our justice system came five years before Saul Alinsky advised community organizers to “pick the target, freeze it, personalize it, and polarize it.” The behavior of many litigation law practitioners is akin to that of Alinsky's Rules for Radicals, a primer on militant strategy and tactics. In 1966, the Federal Rules of Civil Procedure were rewritten to create the “opt-out” class action, in which affected people are automatically included as part of a lawsuit unless they withdraw. This rule change opened the door for a new generation of mass tort lawsuits. In Alinskyite fashion, a key strategy was to turn defendants into...

True stories you can’t stop reading.

Your Land

California wants the ‘freedom’ to tread on free speech
Magazine - Your Land
California wants the ‘freedom’ to tread on free speech
Remember a few years ago when Gov. Gavin Newsom (D-CA) tried to pretend that California was the state...
Open tables
Magazine - Your Land
Open tables
Most Americans say restaurants are getting too expensive, and they’re not imagining things. “Following seven consecutive months of...
This year’s spookiest costume: The performative male
Magazine - Your Land
This year’s spookiest costume: The performative male
Step aside skeletons, ghosts, and characters from Wicked: There’s a new hot Halloween costume in town, and it’s...
Protecting the homeland by day, DC beauty queen by night
Magazine - Your Land
Protecting the homeland by day, DC beauty queen by night
President Ronald Reagan famously once said, “America has always been a land of optimism and opportunity — a...

Business

China and other global rivals are diversifying their energy portfolios away from coal
Business
China and other global rivals are diversifying their energy portfolios away from coal
The Trump administration’s recent injection of funds into U.S. coal may give the flagging industry a...
The Democrats’ government shutdown has turned staff into indentured servants. Will the party set them free?
Business
The Democrats’ government shutdown has turned staff into indentured servants. Will the party set them free?
If the federal government hasn’t reopened by the time you’re reading this column, then you’ve lived...

Washington Briefing

Magazine
Here comes Santos Claus: Trump has pardoned or commuted the sentences of 10 convicted former GOP House members
George Santos, recently sprung from prison when President Donald Trump cut short his sentence, has plenty of company...
Magazine
Trump has ushered in a new mode of American politics that Democrats have largely embraced
“Shutdowns are terrible,” House Minority Whip Katherine Clark (D-MA) admitted several times in an October television interview. Clark...
Magazine
Former Republicans running as Democrats in Florida and Georgia governor races
A pair of Democratic candidates in neighboring Southeastern states, who held high offices as Republicans, are aiming for...
Letter from editor
Bill Gates sees climate light — not heat
In Luke’s Gospel, Jesus says, “There will be more joy in heaven over one sinner who repents than over 99...

True stories you can't stop reading — subscribe for full access.