Victim Shot While Calling 911

A California woman was shot to death as she pleaded with emergency dispatchers to come and help her. Her death will not make the network news programs this evening, but this is the latest reminder that we must take responsibility for our own safety and not rely on the police. 

Bill Masters, a libertarian and sheriff of a Colorado county tells the residents of his county, “It is your responsibility to protect yourself and your family from criminals. If you rely on the government for protection, you are going to be at least disappointed and at worst injured or killed.” 

Gun control puts honest citizens in the position of having to choose between protecting their lives or respecting the law. What kind of government would do such a thing

More on gun control here and here.

A Blow Against the Flat Earthers Conspiracy Theorists

Reading through Bill Kauffman’s Ain’t My America, I’ve learned that John Randolph believed that with respect to his political opponents, “it is a mere waste of time to reason with such persons. They do not deserve anything like serious refutation. The proper arguments for such statesmen are a strait-waistcoat, a dark room, water, gruel, and depletion.”

This is probably good advice particularly for dealing with the deniers and fantasists who choose to ignore the fact that Saddam Hussein wasn’t in league with al Qaeda. I don’t know whether the Weekly Standard is running a Laurie Mylroie Contest for Weapons-Grade Conspiracy-Mongering or what, but somehow the delusion that the war was a good idea because Saddam was working with al Qaeda to plan an attack on us has cropped up again.

That said, with the passion of a younger man and the pen of a better writer, my friend Spencer Ackerman has taken up the cudgels on behalf of reality. Spencer apparently still has his files dealing with this topic; many of us threw ours away when it became plain that no self-respecting author would stand for the idea of a Saddam-al Qaeda axis.

Spencer takes aim at Stephen Hayes, the Lyndon LaRouche figure of the conspiracy cult. Here’s Spencer on the latest mumbo-jumbo from Hayes:

About as close as anything could come to linking Saddam to Al Qaeda was a memo from one Saddam’s intelligence services “written a decade before Operation Iraqi Freedom.” It says: “In a meeting in the Sudan we agreed to renew our relations with the Islamic Jihad Organization in Egypt.” That organization would eventually merge with Al Qaeda in the late 1990s, long after the apparent meeting in Sudan. It also says that for a time in the mid-1990s, Saddam and Al Qaeda had “indirect cooperation” by offering “training and motivation” to some of the same terror organizations in that country.

Out of this thin gruel, Hayes attempted to make a meal in the Standard’s pages this week. He lifted as many bullet points from the report as he could that, out of context, seemed to bolster his theory. He then went about attacking reporters who accurately wrote that the study found no direct connection between Saddam and Al Qaeda. Hayes tacitly promised his readers that history will ultimately vindicate him, writing that “as much as we have learned from this impressive collection of documents, it is only a fraction of what we will know in 10, 20 or 50 years.” And he expressed puzzlement that an administration with an obvious credibility problem had not “done anything to promote the study.”

It would be genuinely perplexing if an administration that has every possible interest (its legacy, its current popularity, the judgment of its most basic principles in history’s ledger) in advancing this argument simply refused to promote “facts” that help argue for their policy views. The most obvious explanation why they haven’t seems to be that they aren’t “facts”–that Stephen Hayes is cobbling together disparate pieces of raw intelligence to paint a picture that doesn’t represent reality. (Which would not be unprecedented in his corner of the political ring.) But other theories are hereby solicited.

Dispensing with Hayes, Spencer leaves us with this:

At the risk of belaboring the point, it should be obvious that if Saddam Hussein was as important to Al Qaeda as Hayes has erroneously and deliberately written for years, then Al Qaeda should be reeling years after the destruction of his regime. Instead, according to a mid-2007 warning from the National Counterterrorism Center, Al Qaeda is “Better Positioned to Strike the West.” Never once does Hayes, in all the thousands of words he has written on the “connection,” reckoned with this basic strategic problem. In essence, he asks every U.S. soldier and Marine in Iraq to be the last man to die for a debater’s point.

I wish I’d come up with that last line. If you’re wondering about what’s brewing in the danker corners of the conspiracy-mongering fever swamps, Spencer climbs down into the muck so you don’t have to. But it’s sad that we still have to have this discussion at all. We don’t give equal time to flat-earthers anymore.

California Attempts to Silence State Contractors

Imagine that you do business in California.  Maybe you’re in construction, or health care, or auto repair.  Now imagine some or all of your income comes from state contracts; using the above examples, perhaps you build schools, or take care of patients on Medi-Cal, or fix broken-down LAPD squad cars.  Now imagine that the state comes in and says, aha, because we pay your bills – again, on contracts relating to construction, health care, auto repair, etc. – and we love unions, you can’t talk to your employees about any negative aspects of unionization.  Ridiculous, right?  Who is a customer to tell you what to do with money that’s already in your pocket?

Well, that’s precisely what the great state of California is trying to do with a new statute that small businesses are challenging in the case of Chamber of Commerce v. Brown.  It’s a little bit more complicated than I outline above because the case implicates highly technical provisions of the National Labor Relations Act (and previous Supreme Court interpretations thereof), but the gist is that California is attempting to silence employers by tying speech restrictions to unrelated state spending.  For reasons that the petitioners ably present in their briefs and that I summarize in a podcast and in Cato’s own amicus brief, the Supreme Court should strike down this statute.

In any event, that’s the background to my trip to the Court to hear argument in Chamber v. Brown today.  (The plaza in front of the courthouse steps was remarkably free of demonstrators after yesterday’s hoopla surrounding the DC Gun Ban case.)  I’ll save you the detailed summary of the argument, but suffice it to say that the outcome will almost certainly go against California.  It’s always dicey predicting the scorecard, but based on oral argument it will probably be 7-2, 6-3, or maybe 6-1-2.  On one side, Justices Scalia and Alito and Chief Justice Roberts were safely on the side of free speech; Justices Justice Souter surprisingly led the charge against California’s interpretation of labor law; Justice Breyer, though skeptical, will likely write his own opinion agreeing in the Court’s opinion for separate reasons or possibly calling for remand rather than strict reversal; and Justice Thomas was silent but is expected to join the majority.  On the other side, Justices Stevens and Ginsberg seem to have no problem with California’s regulation.  On his own side as usual, Justice Kennedy’s vote seems to be up for grabs, but – based on his decisions in previous labor and regulatory preemption cases – I would bet on him siding with the majority.

In short, California employers will live to speak another day.

Oy, Hillary

Matt Yglesias, reading Dana Milbank in the Washington Post, notes that Hillary Clinton’s campaign apparently believes that U.S. support for Israel should be unconditional.

According to Clinton adviser Ann Lewis (Barney Frank’s sister): “The role of the president of the United States is to support the decisions that are made by the people of Israel. It is not up to us to pick and choose from among the political parties.” Lewis said this at a United Jewish Communities event in response to Obama’s wild notion that he should not be captive to the Likud line.

I am not up on what level of rhetorical fealty to Israel is standard these days, but this is too much. Ours being a representative government, the president shouldn’t even unconditionally support the wishes of the American people, but that would at least be the right country.

Some reporter really ought to ask Clinton if this is her position. According to Ann Lewis, if Bibi Netanyahu comes back to power and decides to give up on the two-state solution, permanently reoccupy Gaza, displace a bunch more West Bank Palestinians in favor of Jewish settlers, and bomb Iran, Clinton would say, “We stand with you Israel! Here’s your $3 billion in annual military aid and your arms buys, and don’t forget to ask for a Security Council veto if you need one!”

In general, the United States shouldn’t tell our foreign friends what to do, but we also shouldn’t back them no matter what they do. If you take our support, you should take our advice.

ACLU Sues Pigs for Failing to Fly

After successfully outlawing flight by birds in Florida, the American Civil Liberties Union has filed suit against pigs for their failure to take to the skies.

Okay, not exactly. But what they’re doing amounts to the same thing. In January of 2006, the ACLU convinced Florida’s Supreme Court to strike down a voucher program that was letting kids escape from failing public schools. This week, they filed suit against the Palm Beach County public school system for providing no escape from its failing schools.

After killing a program that was already achieving their goal, they are now suing a public school system that cannot possibly achieve their goal.

Dear ACLU,

Before committing years of your time and hundreds of thousands of dollars to this lawsuit, please take a moment and reflect. Public school monopolies don’t fail by choice, they fail by design. Having a court order them to stop failing is like ordering a pig to fly.

When, in the history of the world, have monopolies delivered the relentlessly improving quality, flexibility, innovation, and efficiency that we all want from our education system? Why – given the perennial disappointments of public schooling – do you imagine education monopolies are any different?

Privately, in your own offices and homes, reflect on the kinds of responsive and efficient services you have come to expect in every other field, and ask yourselves: why not harness in education the same free enterprise system that has driven miraculous progress in the rest of our economy? Market forces work just as well in education as in every other field, and your fears about the social effects of real parental choice are not justified by the evidence.

Fixing the Revenue-Estimating Process on Capitol Hill

The (hopefully) much anticipated final installment in the video series on the Laffer Curve has been released. This new video discusses the revenue-estimating process, and it builds upon the discussion of theory in Part I and evidence in Part II.

You will notice that the video clearly concludes that “dynamic scoring” is preferable to “static scoring,” but it also explains that there are significant challenges in properly estimating revenue feedback when tax rates are changed. That is why a key point is the need for transparency. If the Joint Committee on Taxation no longer operated in secrecy, it would be possible for experts to engage in a productive debate on how to best measure the revenue effects of various tax policies.

Please feel free to contact me if you have any questions or feedback. I also will be narrating the Center for Freedom and Prosperity’s next two videos, which will discuss the global flat tax revolution and the flat tax v. national sales tax debate. Stay tuned.

What Militia Theory?

Here is an excerpt from today’s Washington Post regarding the arguments at the Supreme Court yesterday:

A majority of the Supreme Court indicated a readiness yesterday to settle decades of constitutional debate over the meaning of the Second Amendment by declaring that it provides an individual right to own a gun for self-defense.

Such a finding could doom the District of Columbia’s ban on private handgun possession, the country’s toughest gun-control law, and significantly change the tone and direction of the nation’s political battles over gun control.

During oral arguments that drew spectators who had waited for days to be in the courtroom, there was far more skepticism among the justices about the constitutionality of the District’s ban on private handgun possession than defense of it.

Read the whole thing. Cato Senior Fellow Bob Levy, Alan Gura, and Clark Neily did a superb job of advocacy–with their legal brief, the oral argument, and in media interviews.

Only one problem. They have so thoroughly demolished the notion that the right to keep and bear arms only pertains to persons serving in the militia or National Guard that most people will not truly appreciate their achievement. In two years (less?) people will say “wasn’t it always so?”

I expect a favorable ruling in the Heller case but I also expect DC Mayor Adrian Fenty to obstruct the ruling as much as he possibly can. So, if I’m right, the way in which to view this case is as an important victory in an on-going struggle.