Tag: CEI

People Shouldn’t Be Able to Sue Think Tanks When They Disagree with Us

What’s worse than a public policy debate that turns bitter and impolite? Well, for one, having the courts step into the marketplace of ideas to judge which side of a debate has the best “facts.”

Yet that’s what Michael Mann has invited the D.C. court system to do. In response to some scathing criticism of his methodologies and an allegation of scientific misconduct, the author of the infamous “hockey stick” models of global warming – because they resemble the shape of a hockey stick, with temperatures rising drastically beginning in the 1900s – has taken the global climate change debate to a record low by suing the Competitive Enterprise Institute, National Review, and two individual commentators. The good Dr. Mann claims that some blogposts alleging his work to be “fraudulent” and “intellectually bogus” were libelous. (For more background on the matter, see this excellent summary by NR’s editor Rich Lowry; linking to that post is partly what led Mann to target CEI.)

The D.C. trial court rejected the defendants’ motion to dismiss this lawsuit, holding that their criticism could be taken as a provably false assertion of fact because the EPA, among other bodies, have approved of Mann’s methodologies. In essence, the court seems to cite a consensus as a means of censoring a minority view. The defendants appealed to the D.C. Court of Appeals (the highest court in the District of Columbia).

Cato has now filed a brief, joined by three other think tanks, in which we urge the court to stay out of the business of refereeing scientific debates. (And if you liked our “truthiness” brief, you’ll enjoy this one.)

2,000 Deaths per Year … for the Environment

Something as simple as the concept of tradeoffs can cause cognitive dissonance to good-hearted people who want too hard to drive the society toward their perception of the good.

A nice illustration of that is the cost in lives of making cars that use less gasoline. How can doing good for the environment possibly be harmful? Oh, it can be deadly.

Nicely illustrated by CEI’s Sam Kazman on John Stossel’s show.

Cato’s Latest Obamacare Brief: Congress Cannot ‘Commandeer the People’

A recent poll showed that 22% of Americans believe Obamacare has been repealed and 26% aren’t sure.  Yet here at Cato, we’re all too aware that the massive, unconstitutional, and fundamentally unworkable overhaul of our health care system still looms on the horizon.

While two lower courts have struck down Obamacare in whole or in part, three others have ruled it constitutional, including a D.C. District Court opinion that claimed for the federal government the right to regulate the “mental activity” of decision-making.  As litigation progresses to the appellate level, this latter decision has proven to be more a hindrance to Obamacare’s supporters than a help, its Orwellian pronouncement being hard to ignore while the government downplays the significance of the power Congress is asserting.  Nevertheless, Obamacare’s constitutionality—with a focus on the individual health insurance mandate—remains an open question until ruled upon by the Supreme Court. 

Cato’s latest amicus brief is in the Fourth Circuit, in the case brought by Virginia Attorney General Ken Cuccinelli.  In this case, unlike in the Sixth Circuit (in which we also filed a brief), it is the federal government that appealed an adverse district court decision that struck down the individual mandate.  In our brief, joined by the Competitive Enterprise Institute and Prof. Randy Barnett (the intellectual godfather of the Obamacare legal challenges, and also a Cato senior fellow), we argue that the outermost bounds of existing Commerce Clause jurisprudence prevent Congress from reaching intrastate non-economic activity regardless of whether it substantially affects interstate commerce.  Nor under existing law can Congress reach inactivity even if it purports to act pursuant to a broader regulatory scheme.  

Allowing Congress to conscript citizens into economic transactions is not only contrary to existing Commerce and Necessary and Proper Clause doctrine—as broad as that doctrine is—but it would fundamentally alter the relationship between the sovereign people and their supposed “public servants.”  The individual mandate “commandeers the people” into Congress’s brave new health care world.  If Obamacare is allowed to stand, the only limit on federal power will be Congress’s own discretion.

The case will be argued before the Fourth Circuit in Richmond on May 10.  Read more from Prof. Barnett on Obamacare here and check out the half-day event we recently held on the legal and economic problems with the law.  Finally, though his name isn’t on our brief because he hasn’t yet become a member of the bar, many thanks to legal associate Trevor Burrus for his work on it.

The Nation’s Worst State Attorneys General

Our friends at the Competitive Enterprise Institute have released a new report on the worst state attorneys general in the country.  Despite Eliot Spitzer no longer being eligible for consideration, six attorneys general comprise the worst-in-the-nation list:

1. Jerry Brown, California
2. Richard Blumenthal, Connecticut
3. Drew Edmondson, Oklahoma
4. Patrick Lynch, Rhode Island
5. Darrell McGraw, West Virginia
6. William Sorrell, Vermont

The report, authored by Hans Bader (who will be contributing an article to this year’s Cato Supreme Court Review), uses several criteria for determining who made the list of shame: ethical breaches and selective applications of the law; fabricating law; usurping legislative powers; and predatory practices (such as seeking to regulate out-of-state businesses that broke no state law).   

CEI’s press release explains the pick for number one baddie:

California’s Jerry Brown topped the list for misdeeds like refusing to defend certain state laws he disliked.  One example was Proposition 8, a lawfully-adopted amendment prohibiting gay marriage — a law upheld by the state Supreme Court.  “Personally, I opposed Prop 8,” said Bader, “but it’s clear, by definition, that a provision of the state constitution cannot violate that very constitution; and it’s the duty of the attorney general to defend it.”

Hans explains his reasoning further in this op-ed.  Get the full report here.

Restrictive Immigration Policies Confound Security

CEI’s Alex Nowrasteh has a commentary on Townhall.com illustrating how restrictive immigration policies confound security. Twenty-three Somalis with suspected ties to an Islamist group were mistakenly released from a Mexican prison last January, and their whereabouts now are unknown. He continues:

Forcing immigrants underground creates an enormous black market where terrorist activities and serious crimes can continue undetected. If legal immigration were much easier, the American government would know who was entering the country and do a better job in screening out criminals and suspected terrorists.

I’m leery of touting terror threats for any reason beyond alerting the public to information they can use for national and self-protection. A small group of possible terrorists in Mexico is far from doing any significant harm and not particularly worrisome.

But this story illustrates how the border security that matters gets harder—and how much tax money gets wasted—when our policies make legal immigration difficult or impossible. The government is preoccupies with workers made minor criminals by their extraordinary efforts to improve their and their families’ circumstances.