Op-Ed | Don't trade away justice: Limiting rights won't lower costs for New Yorkers
Gov.
That is why a growing number of legislators, consumer advocates, and civil rights leaders are urging the governor to slow down. They understand what is at stake: the constitutional right to a jury trial and meaningful access to the courts for everyday New Yorkers.
At its core, this debate is not just about insurance premiums. It is about the Seventh Amendment. It is about whether people, not corporations, get to have their day in court when they are harmed.
Supporters of these proposals claim they will reduce costs. But there is little evidence to support that. What we do know is that insurance companies have resisted opening their books to regulators and the public, even as they report strong profits while raising premiums, regardless of whether claims rise or fall.
We also know the system is already stacked against working families. Auto insurance pricing often functions like a form of modern redlining, where premiums are driven by ZIP code and credit score rather than driving record. The result is deeply inequitable: safe drivers in lower-income communities, often communities of color, can pay far more than riskier drivers in wealthier areas.
A driver with a clean record but poor credit can pay thousands more than someone with a DUI and a high credit score. The governor's proposals do nothing to address this discrimination.
Weakening access to the courts only makes matters worse.
Civil justice has long been one of the most powerful tools for accountability in this country. It is how families seek answers and justice after preventable tragedies. It is how dangerous practices are exposed and changed. From police misconduct to unsafe products to corporate negligence, the right to a jury trial ensures that no one is above the law.
The cases I have been honored to work on — involving
That is precisely why powerful corporate interests are pushing to limit that access. Across the country, including in
The jury system works. When cases are heard publicly, wrongdoing is exposed and behavior changes. Accountability makes our roads safer, our workplaces more secure, and our institutions more just. Taking that away does not lower costs. It simply shifts them onto victims, families, and taxpayers.
Hochul claims "the insurance companies didn't create this system — it's not on them — it's a sympathetic jury not listening." Insurers shaped this discriminatory system, and juries are not a flaw—they are the constitutional safeguard that ensures fairness and accountability.
And while some point to fraud as justification, that argument does not hold up. Fraud is already illegal and should be prosecuted. It should not be used as a pretext to take rights away from law-abiding New Yorkers.
The governor's proposal, in effect, asks working families to give up a constitutional protection in exchange for promised savings that may never come. That is a trade no one should accept.
The question before
We should be expanding fairness and transparency, not closing the courthouse doors.



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