mr. chairman , i rise in reluctant opposition to the lawsuit abuse reduction act .  as an advocate for reasoned and balanced reform to our american judicial system , i am afraid that today 's bill overreaches and sets a dangerous precedent for future legislation .  h.r. 420 treads unnecessarily on judicial independence and makes litigation overly burdensome for legitimate cases to have their fair day in court .  primarily , this legislation encroaches on the judicial rulemaking process by changing the federal rules of civil procedure , over which congress has no rightful jurisdiction .  this rulemaking process is the responsibility of the judicial conference and the supreme court .  furthermore , the requirement that state courts apply these new federal rules is an intrusion on state judicial authority .  i strongly believe that the integrity of the judiciary is in question if we impose our own set of rules on this independent body , particularly as congress continues to limit judicial discretion .  this action is wrong , and one of the reason that judges from across the nation overwhelmingly oppose this legislation .  furthermore , i believe this bill inhibits legitimate cases from having their day in court .  plaintiffs that have just cause for action , particularly in cases dealing with civil rights , may reconsider because of the threat of mandated sanctions and the elimination of the 21-day `` safe harbor '' rule .  this chilling effect on meritorious legal claims does not offer honest americans justice .  i also have concern that this bill will not deter frivolous lawsuits .  despite the anecdotes my colleagues have offered , there is no empirical evidence that rule 11 , which this bill seeks to change , is not working .  in fact , recent studies indicate that frivolous litigation is declining .  mr. chairman , i will continue to approach tort reform with the objective of ensuring that any legitimate cases have their day in court .  i do n't believe the bill before us today meets this standard .  