By Cassandra Burrell
Associated Press Writer
Tuesday, Nov. 2, 1999; 4:31 p.m. EST

WASHINGTON –– Republicans questioned the wisdom of huge government lawsuits filed against the tobacco, firearms and other industries Tuesday, saying public policy should not be set through litigation.

Some also criticized the suits as sly attempts to drive companies that make perfectly legal – though politically unpopular – products out of business.

"The aim of these lawsuits is clearly to establish and enforce social policy preferences," said Sen. Orrin Hatch, R-Utah, chairman of the Senate Judiciary Committee. "But to me, these lawsuits raise the issue of whether the courts and the trial attorneys, or the democratically elected legislatures of this country, should set policy for the American people."

Twenty-nine cities and counties have sued gun manufacturers, claiming they have sold defective products or marketed them in ways that increase the likelihood that they will fall into the hands of criminals.

In September, the Justice Department sued the tobacco industry, seeking billions of dollars from cigarette makers it accused of waging a 45-year campaign "to preserve their enormous profits whatever the cost in human lives."

And last month, Rhode Island became the first state to sue the makers of lead paint, seeking millions to pay for removing the paint from homes and caring for poisoned children.

"It also has been reported that other suits may be brought against the alcohol and beverage industry, the automobile industry, the fast-food industry and the pharmaceutical industry," Hatch said.

"These suits are becoming the great American hoax," Sen. Mitch McConnell, R-Ky., told the committee.

"The hoax is really quite simple. The government and the trial lawyers talk about sympathetic victims, innocent children and injured people, then they twist the law to file a suit on behalf of the government – not the victims. ... The government gets bigger, the trial lawyers get richer and the injured people get nothing."

Democrats defended the suits, saying they have served the public interest.

"Attorney General (Janet) Reno and the professional prosecutors at the Department of Justice have made a sound legal decision to try to recoup the federal government's spending of more then $20 billion a year to treat ill smokers," Sen. Patrick Leahy said in a written statement.

The settlement of state tobacco suits has brought about profound changes in the corporate culture of the tobacco industry since the days when company executives denied under oath that smoking was addictive, said Leahy, D-Vt. "The tobacco industry is now admitting on its Web sites that smoking causes cancer and is addictive."