Protecting Our 7th Amendment Rights from Corporate Manipulation

In South Carolina, your right to a jury of your peers is under threat — and it’s coming from the very industries that claim to protect you.

The right to a civil jury trial, guaranteed by the 7th Amendment to the U.S. Constitution, is one of the most important protections Americans have. It ensures that when powerful interests cause harm, citizens can bring their case before a jury of their peers — not a corporate boardroom or a government office. Yet, that right is increasingly under attack.

Consider the insurance industry. As detailed in Jay Feinman’s book Delay, Deny, Defend, major insurers often delay, deny, and defend legitimate claims, forcing policyholders into court just to receive the benefits they’ve already paid for. Then, in a twist of irony, these same companies claim that lawsuits are driving up insurance premiums. But the numbers tell a very different story. At recent South Carolina Ad Hoc Insurance Rate Review Committee hearings, independent experts confirmed that lawsuits were not a contributor to rate increases. Data, not narrative, shows that claims of a “lawsuit crisis” are largely manufactured to push a political agenda.

Here in South Carolina, the restriction of justice currently comes in the form of so-called “tort reform.” Insurance lobbyists meet regularly with legislators and contribute heavily to local chambers of commerce, framing lawsuits as “frivolous” and trial lawyers as the cause of rising costs. They push so-called “tort reform” — legislation designed to limit damages, restrict access to courts, and weaken our civil jury system. Look at surrounding states: so-called “tort reform” has largely accomplished its hidden purpose, protecting corporate interests while limiting citizens’ ability to hold companies accountable.

At the same time, insurance companies spend billions of dollars on advertising — from talking geckos to cheerful mascots — presenting themselves as friendly and reliable. Behind the slogans lies a deliberate strategy to shape public perception and influence both lawmakers and communities. Contributions to local chambers of commerce further amplify their message, creating an environment where business-friendly narratives dominate and the public’s voice is muted.

Doug Heller of the Consumer Federation of America emphasizes the scale of the issue: “Insurance premiums have increased twice as fast as inflation over the past three years, amounting to a $21 billion total price hike for Americans.” Meanwhile, Doug Quinn of the American Policyholders Association notes, “Insurance companies are denying home damage claims more aggressively, and their policyholders are fighting back by suing at a higher rate.” Weiss Ratings confirms the trend: “In 2024, nearly 13% of Florida homeowners whose claims were denied sued their insurance company, compared with 12.4% in 2022.” These numbers make it clear — lawsuits are a symptom of corporate behavior, not the cause of rising premiums.

Despite claims of financial hardship, the insurance industry is experiencing record profits. According to AM Best, property casualty insurers made a record $169 billion in profit in 2024 — a 90% increase from the previous year and a 333% increase from 2022. These profits were achieved even as insurers raised prices and pushed for laws to avoid paying more claims, all while claiming the industry was in trouble. In the first half of 2025, the industry continued its strong performance, with underwriting profits and investment incomes remaining robust, indicating that the so-called “insurance crisis” is more about corporate strategy than actual financial distress.

This pattern is not unique to insurance. Pharmaceutical companies, for example, have poured massive sums into advertising and political campaigns while seeking to limit consumer rights when products cause harm. The playbook is familiar: flood the media, sway public opinion, and push legislation that restricts accountability.

At its core, this issue is about power — who has it, and who doesn’t. The 7th Amendment was designed to level the playing field, giving everyday Americans the ability to challenge corporations on equal footing. When industries manipulate both the marketplace and media — and when policymakers cater to those who spend the most — the scales of justice tip away from the people.

South Carolinians who value their right to a jury trial should make their voices heard. Contact your state representative and senator to oppose any legislation that would restrict access to justice or weaken civil jury protections. Preserving the 7th Amendment is not a partisan issue; it is a safeguard that protects all citizens, from urban centers to rural towns.

The next time you see an insurance commercial promising to be “on your side,” or hear a local chamber endorse “lawsuit reform,” remember what is really at stake. Behind the slogans and lobbying campaigns lies a quiet effort to weaken your rights. Unless we defend the 7th Amendment with the same vigor that corporations defend their profits, we risk losing one of the last tools that ensures justice truly belongs to the people.

by Reform Insurance Now SC