Archive for February, 2010
Senate Health Bill May Violate First Amendment
Today, the Cato Institute released “Scientific Misconduct: The Manipulation of Evidence for Political Advocacy in Health Care and Climate Policy,” by George Avery of Purdue University.
Avery points to a troubling provision of the Senate-passed health care bill that Democrats are trying to get through the House:
In a section creating a new Patient-Centered Outcomes Research Institute to conduct comparative-effectiveness research, the bill allows the withholding of funding to any institution where a researcher publishes findings not “within the bounds of and entirely consistent with the evidence,” a vague authorization that creates a tremendous tool that can be used to ensure self-censorship and conformity with bureaucratic preferences….As AcademyHealth notes, “Such language to restrict scientific freedom is unprecedented and likely unconstitutional.”
He warns that government bureaucrats aren’t likely to let that power go unused.
In July 2007, AcademyHealth, a professional association of health services and health policy researchers, published results of a study of sponsor restrictions on the publication of research results. Surprisingly, the results revealed that more than three times as many researchers had experienced problems with government funders related to prior review, editing, approval, and dissemination of research results. In addition, a higher percentage of respondents had turned down government sponsorship opportunities due to restrictions than had done the same with industrial funding. Much of the problem was linked to an “increasing government custom and culture of controlling the flow of even non-classified information.”
Avery observes that such power enables bureaucrats to engage in “data manipulation to cover inconvenient findings,” much as the scientists at the Climate Research Unit at the University of East Anglia appear to have done. Indeed, he points to evidence of U.S. Environmental Protection Agency officials suppressing an, ahem, inconvenient internal debate.
Filed under: Cato Publications; Energy and Environment; General; Health Care
‘I Keep My Core Beliefs Written on My Palm for Easy Reference.’
Somehow I was reminded of this cartoon today.
NRA Shoots Itself in the Foot
I previously blogged about the NRA’s misbegotten motion, which the Supreme Court granted, to carve 10 minutes of oral argument time away from the petitioners in McDonald v. Chicago. Essentially, there was no discernable reason for the motion other than to ensure that the NRA could claim some credit for the eventual victory, and thus boost its fundraising.
Well, having argued that petitioners’ counsel Alan Gura insufficiently covered the argument that the Second Amendment should be “incorporated” against the states via the Fourteenth Amendment’s Due Process Clause, the NRA has now filed a brief that fails even to reference the four biggest cases regarding incorporation and substantive due process. That is, the NRA reply brief contains no mention of Washington v. Glucksberg (1997), Benton v. Maryland (1969), Duncan v. Louisiana (1968), or Palko v. Connecticut (1937). (The NRA did cite those cases in its opening brief.) What is more, it also lacks a discussion of Judge O’Scannlain’s magisterial Ninth Circuit opinion in Nordyke v. King (2009), which the Supreme Court might as well cut and paste regardless of which constitutional provision it uses to extend the right to keep and bear arms to the states!
I should add that the petitioners’ reply brief does cite all of those aforementioned cases (as well as the “Keeping Pandora’s Box Sealed” law review article I co-authored with Josh Blackman). I leave it to the reader to determine whether it is Alan Gura or the NRA who is better positioned to argue substantive due process — or any other part of the McDonald case.
For more on the rift between the McDonald petitioners and the NRA, see this story in today’s Washington Post (in which I’m quoted, full disclosure, after a lengthy interview I gave the reporter last week).
(Full disclosure again: Alan Gura is a friend of mine and of Cato, and I suppose I should also say that I’ve participated in NRA-sponsored events in the past.)
Happy Birthday Ronald Reagan
Ronald Reagan was born 99 years ago. To remember what made him special, here are a couple of videos.
Tom Palmer on Life, Liberty, and Moral Relativism
Cato senior fellow Tom Palmer is profiled in the Washington Examiner’s Sunday “Credo” column. He talks about the meaning of freedom and about people who have risked their lives to protect the rights of others, and offers some interesting thoughts when asked about “moral relativism”:
You say that for many people, the idea of right and wrong has been degraded in our culture. Why? When did that happen?
The growth of moral relativism is an interesting thing to chart. Allan Bloom at the University of Chicago argued that it was an unintended consequence of a positive development, which was the integration of different races and religions. As that happened, it became the easiest way to tell schoolchildren not to fight by saying, “Everyone and everything is as good as everything else.” It is an easier route to say that there are no moral truths, but the outcome is not more mutual respect. It undermines the foundation of mutual respect.
Moral relativism was a lazy shortcut for a pluralistic society. A better approach is to say you should respect others because they’re human beings, and because they have rights.
Find the whole article here or see it in newspaper-page format on page 34 of the digital edition.
And buy Tom Palmer’s Realizing Freedom: Libertarian Theory, History, and Practice here.
Nozick in the News
Charles Krauthammer writes about “liberal expressions of disdain for the intelligence and emotional maturity of the electorate” and the conceit that “Liberals act in the public interest, while conservatives think only of power, elections, self-aggrandizement and self-interest.” He has plenty of contemporary examples, but he also recalls one from a few years ago:
It is an old liberal theme that conservative ideas, being red in tooth and claw, cannot possibly emerge from any notion of the public good. A 2002 New York Times obituary for philosopher Robert Nozick explained that the strongly libertarian implications of Nozick’s masterwork, “Anarchy, State, and Utopia” “proved comforting to the right, which was grateful for what it embraced as philosophical justification.” The right, you see, is grateful when a bright intellectual can graft some philosophical rationalization onto its thoroughly base and self-regarding politics.
Nozick, of course, was a libertarian, not a conservative, as the more insightful obituary by the philosopher Alan Ryan in the British Independent notes: the book’s ”criticism of social conservatism is at least as devastating as its criticism of the redistributive welfare state.” But Krauthammer is right to note the casual assumption by the New York Times that conservatism desperately needed ”philosophical justification.”
Sunday’s Washington Post contains a related article by political scientist Gerard Alexander: “Why are liberals so condescending?”
Law Students: Use Your Deferment to Work for Liberty!
Many law firms continue to ask their incoming first-year associates to defer their start dates (from a few months to a full year) and are offering stipends to these deferred associates to work at public interest organizations. The Cato Institute has been running a successful deferred associates program and we always consider applications on a rolling basis.
We invite third-year law students and others facing firm deferrals to apply to work at our Center for Constitutional Studies. This is an opportunity to assist projects ranging from Supreme Court amicus briefs to policy papers to the Cato Supreme Court Review. Start and end dates are flexible. Interested students and recent graduates should email a cover letter, resume, transcript, and writing sample, along with any specific details of their deferment (timing, availability of stipend, etc.) to Jonathan Blanks at jblanks@cato.org.
Please feel free to pass the above information to your friends and colleagues. For information on Cato’s programs for non-graduating students, contact Joey Coon at jcoon@cato.org.
Jay Greene on Barack Obama on Education
In the current City Journal, political scientist Jay Greene observes that “the test that seems to guide the Obama administration’s education priorities is not whether a policy works, but whether it serves a political constituency.”
The president’s actions have forced me to conclude the same thing.
This Week in Government Failure
Over at Downsizing Government, we focused on the following issues this week:
- Will Obama’s deficits turn out to be as low-balled as Bush’s?
- Obama blames Bush for his problems, but his new budget is worse.
- Obama’s budget would kill the Constellation program, but his budget still goes to the moon.
- The Federal Housing Administration bailout watch continues.
- There’s nothing “fiscally responsible” about Sen. Kent Conrad.
- The government is creating jobs — federal government jobs.
Grading Agencies’ High-Value Data Sets
I wrote here a few weeks ago about the “high-value data sets” — three per agency — that the federal government would soon be releasing at Data.gov. They were released on January 22nd, and we’ve been poring over them ever since. More on that below.
Tomorrow, agencies are supposed to have their “open government” sites put up — sites where they make their data feeds available and easily findable for the public. There are a couple of different sites monitoring when those sites are going up.
Data, data, data — that means more direct oversight of the government by more people. We talked about all this at our December 2008 policy forum, Just Give Us the Data!
When I wrote recently about the release of agencies’ high-value data sets, though, I worried:
Rather than substantive insight into government management, deliberations, and results, we might get a lot of data-oriented play-toys… [P]ublic choice economics predicts that the agencies will choose the data feeds with the greatest likelihood of increasing their discretionary budgets or the least likelihood of shrinking them.
So I decided to grade them:
To help focus agencies on releasing the data that is high-value for genuine government transparency, I plan to examine the three data-streams each agency releases and grade the agencies on whether their releases provide insight into agency management, deliberations, or results.
With the help of Cato interns Solomon Stein and Sasha Davydenko, I assigned three points to each feed that had to do with management, deliberation, or results. The resulting numerical scores — 9, 6, 3, or 0 — translate into grades: A, B, C, or D respectively. F was reserved for agencies that didn’t produce feeds.
The results follow these few comments:
Is Obama Failing? The Rebuttals
At the Economist‘s online debate, Elaine Kamarck and I have posted rebuttals to the opening statements. I say, among other things:
One question here is how do you measure a politician’s failure. Is it, for instance, a failure to get his policies enacted, or his success in enacting bad policies? Surveys of historians always give high marks to presidents who expanded government or fought wars. Washington’s most-quoted political scientist, Norman Ornstein, recently defended the productivity of the current Congress; his article illustrated that to the Washington establishment the very definition of a productive Congress is the spending of more taxpayers’ money, the creation of new agencies and bureaucracies, and the concentration of more power in the hands of federal regulators. Citizens might prefer a government that kept us out of war, let the economy grow, and left us alone…
Some analysts note that Ronald Reagan had low ratings at this point in his term, and a bad midterm election, but came back strong. As it turns out, tax cuts, spending restraint, deregulation and sound money tend to create strong economic recoveries. Threats of tax hikes, unprecedented levels of deficits, a wave of new regulations and fears about Fed monetisation may not.
Has Mr Obama failed, a year into his term? Of course not. But that’s the direction he’s headed.
The vote is now 53 percent against the proposition that Obama is failing. If you agree with the proposition “This house believes that Barack Obama is failing,” I encourage you to cast your vote.
The Government IS Creating Jobs
Federal government jobs that is. According to the president’s new budget, federal civilian employment in the executive branch will be 15 percent higher in 2011 than it was in 2007:
*I subtracted out the Department of Commerce because it’s temporary hiring of workers for the 2010 Census skews the chart.
Private sector unemployment remains high despite the the administration’s claim that massive deficit spending was necessary to return the economy to health. Instead of fostering private sector growth, the administration is fostering government growth at the expense of the private sector.
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