Coyote Blog

OK, perhaps it is a guilty pleasure, but I enjoy downing a couple of Mike Hard Lemonade's on a hot afternoon.  Now, it seems, the Food Nazi's at the Center for Science in the Public Interest want to stop me"

Public Citizen's blog announced that CSPI
plans to sue the beverage sellers, asking for disgorgement of profits
from flavored malt beverages, unless they agree to take them off the
market. Their theory? By making flavored alcoholic beverages that taste
good, they are effectively marketing to children. (Because, after all,
adults don't like beverages that taste good.)

After more than a decade, the US may finally allow Mexican truckers on US highways, something we actually agreed to in NAFTA:

The 9th Circuit Court of Appeals in San Francisco late on
Friday denied an emergency petition sought by the Teamsters
union, the Sierra Club and consumer group Public Citizen to
halt the start of a one-year pilot program that was approved by
Congress after years of legal and political wrangling.

I guess I can understand the Teamsters attempt to have the government shield them from competition -- that has practically become a national sport.  And I presume that the Sierra Club has some environmental concerns with Mexican trucks, though that seems flimsy given trucks must meet US environmental requirements and my guess is that Mexican trucks are at least as fuel efficient as US trucks.   But how can a nominal consumer group possibly justify this action?  Blocking competition in any part of the economy can only increase prices and reduce choices for consumers, particularly in an area like trucking that has almost no impact on the safety of the products actually being shipped.   I wish I could say this was some strange exception, but  consumer groups have for years backed protectionist efforts that do nothing but hurt consumers.

Via Cafe Hayek

The left was rightly ticked off a while back when the Bush FDA went against the scientific panel's recommendation and refused to approve the Plan B morning after pill for over-the-counter-sales.  But as I discussed here, the typical political response of our two political parties to such abuses of government power is NOT to reduce the government's power, but to try to redirect the abuses for their own ends. 

So, in this case, the left now is not necessarily upset that the FDA is using non-scientific criteria for approving drugs, they are just upset the FDA is not using their pet non-scientific criteria:

Now an interesting article in the Baltimore Sun
suggests that some left-wingers are also hinting that ethical concerns
should be included in FDA regulatory decisions. In a poll last fall,
the Pew Initiative on Food and Agriculture found
"a strong majority (63 percent) of Americans believe government
agencies should include moral and ethical considerations when making
regulatory decisions about cloning and genetically modifying animals,
with 53 percent feeling that way strongly."

Liberal bioethicist, Daniel Callahan, co-founder of the
Hastings Center in Garrison, N.Y., says that he is leery of having the
FDA rule on moral issues, but thinks that it might want to consider the
financial impact of approving new drugs on the health care system.
Presumably, the regulators might decide that a drug is too expensive
and refuse to approve it although it is safe and effective. The problem
is that deciding to withhold a drug from patients because regulators
think it's "too expensive" is a moral judgment. If the government
doesn't want to pay for an expensive drug that's OK, but why should
regulators forbid consumers, who might want to pay for it on their own,
access to drugs that are safe and effective?

Carol Tucker Foreman, director of food policy at the Consumer
Federation of America, points out that the FDA has already taken into
account non-scientific concerns in some of its regulatory system. For
example, she notes that the FDA requires that irradiated food be
labeled even though there is no scientific evidence that irradiation harms human health. The reason for the labels is that activist groups like Public Citizen
managed to scare some consumers into demanding them in the early 1990s.
Now the question is should the FDA be pushed further down this slippery
slope of non-scientific regulation?

The labeling for irradiated foods is stupid but fairly harmless, but the suggestion to hold life-saving drugs off the market if they are deemed too expensive by some bureaucrats is obscene.  I would suggest you run away screaming from anyone who suggests that this is a "moral" decision.

Via Powerline and the Washington Times comes a report (or maybe a prediction) that Democrats may be preparing to use privacy as the unifying theme of their 2006 legislative agenda and reelection efforts.  This actually echos a suggestion made by Kevin Drum last year (which may be an indication that Democrats are getting smarter, if they are listening to Drum rather than Kos).

John Hinderaker thinks that this suggestion, which would link abortion and NSA surveillance, ranks as either ineffective or "downright weird".  I think it would be fabulous, but, as I wrote in response to Drum's post the first time around, it contains huge land mines for the left:

I am all for a general and strong privacy right.  I would love to see
it Constitutionally enshrined.  But liberals (like conservatives, but I
am answering Drum's question) don't want it.  They want to allow women to choose abortions, but not choose breast implants.
They want the government to allow marijuana use but squelch fatty
foods.  They don't want police checking for terrorists but do want them
checking for people not wearing their seat belts.  They want freedom of
speech, until it criticizes groups to whom they are sympathetic.  They want to allow topless dancers but regulate the hell out of how much they make.  Liberals, in sum, are at
least as bad about wanting to control private, non-coerced individual
decision-making as conservatives -- they just want to control other
aspects of our lives than do conservatives.

It just so happens a perfect example is sitting right at the top of Instapundit this morning:  Teresa Nielsen Hayden apparently takes the drug Cylert to treat her narcolepsy.  For a while, it has been known that Cylert can cause some liver trouble.  She apparently knows this, has a doctor monitor her liver health, but is willing to take this risk because she apparently is fine with accepting some risk of liver trouble in exchange for substantially improved quality of life. 

The problem is, the liberal/progressive Public Citizen group has fought hard and successfully to deny her this choice for her own body.  This type action is not an exception, but rather is fundamental to the left/Democrat agenda, i.e. We are smarter than you about making choices, and we would never risk liver disease to cure narcolepsy (though we have never lived through narcolepsy ourselves) so we are not going to allow you to make that decision for yourself.  Vioxx users, like acute-pain sufferers for whom Vioxx is really the first treatment to allow them to enjoy life again without incapacitating pain, have also been denied this choice.  So have folks who want to get breast implants, manage their own retirement (social Security) funds, ride motorcycles without helmets and drive cars without seat belts.  One case that is quite revealing is NOW's insistence that women, even
at the age of 13, have the ability and absolute right to make abortion
decisions without government intervention, but that these same women are completely incapable of making breast implant decisions so they demand that the government curtail this choice. 

But the list really goes much further.  For example, why isn't it a "private" decision when two people agree without coercion as to how much money one will provide labor or goods or services to the other.  An enormous part of the Democratic platform rests on regulating the shit out of every single facet of this type of private encounter.

Since the left considers sex absolutely beyond regulation, and commerce completely fair game for detailed government intervention, its funny when the two cross, as they did when the ACLU argued that taxation of topless dancers interfered with their freedom of expression.  Fine, but if topless dancing is expression, which it seems to be, why isn't writing a book, designing a house, making an iPod or even cooking great cheese-fries?  Commerce is all about expression, about communication, about private agreements and exchanges.  But I am pretty sure that the Democratic party does not want their privacy stance to go in these directions.

A while ago, I had a fascinating experience actually reading for myself the much-talked about Roe v. Wade decision.  Because I take the 9th amendment seriously, I wasn't struck, as conservatives are, that the judges had created a privacy right out of nowhere.  What I was struck by instead was just how narrow a line the Court tried to walk in saying that a woman's decision to have an abortion (at least in the first trimester) is beyond the reach of government, but nearly every other non-coerced decision we make is still fair game for government intrusion.  It was this distinction, between abortion and every other decision that I found compelling:

However, I hope you see the quandary in which all this leaves abortion
supporters on the left.  Much of their philosophy and political agenda
rests on this notion of "a compelling state interest" in nearly every
facet of human endeavor.  The left pushes constantly for expansion of
government regulation into every corner of our lives.  They are trying
to walk a line, a line so narrow I don't think it even exists, between
there being no state interest in 16 year old girls getting abortions
without their parents' knowledge or consent and there being a strong
state interest in breast implants, painkillers, seat belt use, bike
helmets, tobacco use, fatty foods, etc.  They somehow have to make the
case that that a woman is fully able to make decisions about an
abortion but is not able to make decisions, without significant
government regulation and intervention, about her retirement savings,
the wages she accepts for her work, her use of a tanning booth, and her
choice of painkillers. I personally think she can handle all these, and more.

So, to the Democrats, bring on the privacy issue!  I am sure no one in the MSM will test these contradictions and certainly the Republicans don't want to go here (they are just as invested today in statism in their own way as Democrats).  But we libertarian bloggers should have a good time.

My summary post on attacks against individual decision making from both left and right is here.