California did it to felons: After a third felony conviction, it’s life in prison without parole. Three strikes, you’re out. Florida did it to physicians: After three adverse medical malpractice judgments, physicians cannot practice in Florida. Three strikes, you’re out.
A similar rule should apply to expert witnesses in litigation: After three courts exclude a witness’s testimony as “junk science,” the witness should no longer be permitted to testify as an expert. Three strikes, you’re out. This rule would invigorate the effort to keep junk science out of the courtroom; it would bar the courthouse door to charlatans. Judges and juries would no longer be burdened with testimony from recidivist junk scientists.
