Author: Redactor

Categories
First Amendment rights too much government U.S. Constitution

Allergic to the First Amendment

The drug manufacturer Allergan is taking the Food and Drug Administration to court.

The FDA has ordered Allergan to violate the FDA’s own rules against disseminating information about “off-​label” uses of a drug, uses that may be medically common but which, unlike “on-​label” uses, were not specifically certified as safe and effective during the FDA’s approval process. 

Once a drug has been approved, doctors may legally prescribe the drug for safe off-​label uses.

The FDA now wants Allergan to send detailed safety information to physicians about both off-​label and on-​label uses of Botox®. Yet the FDA bans promoting drugs for off-​label uses. A company may convey truthful information about such uses in only very restricted ways. 

Companies have paid through the nose for violating these restrictions. In 2009, Pfizer had to pay $2.3 billion for promoting off-​label uses of its drugs. Another $1.4 billion was looted from Eli Lilly for the same “crime.”

Allergan is understandably reluctant to obey a government agency’s edict to disobey other edicts promulgated by that same agency — especially when the price of disobedience can be so high. Better to solicit some judicial clarity. 

Better, certainly, than following orders and hoping for the best.

Will the court vindicate and enforce constitutional protections for freedom of speech in the realm of pharmaceuticals? Such a ruling would unshackle drug companies from ludicrous hindrance, freeing them to speak.

And it would help doctors and patients.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall political challengers term limits

Competition in Michigan

Michigan’s career politicians are pushing to more than double maximum tenure in the state house and almost double it in the state senate.

Michigan currently caps service at three two-​year terms, or six years, in the house and two four-​year terms, or eight years, in the senate. Thus the “combined limit” on both chambers is 14 years. The new law would allow lawmakers to serve up to 14 years in a single legislative seat. This of course would drastically weaken term limits and severely crimp electoral competition.

Now, term limits help make possible such refreshing political campaigns as that of Leon Drolet, director of the Michigan Taxpayers Alliance and a former state representative. He is vying for Michigan’s 11th state senate seat, now open because the incumbent is prevented by term limits from standing for re-​election. Another former state representative as well as a current one are also running for the seat.

I bet that when one of these challengers gets elected — and certainly if it’s Drolet, with his strong anti-​tax, anti-​pork message — incumbents will keep moaning about the loss of “experience” wrought by term limits. 

But Drolet has experience, too — fighting governmental assaults on the liberties of citizens. His co-​authoring of a constitutional amendment to curb government’s power to grab private homes through eminent domain is relevant.

It’s just that ample experience in helping restrain government power isn’t the kind that certain politicians applaud.

This is Common Sense. I’m Paul Jacob.

Categories
political challengers

Pardon the Vote

Over the weekend, Utah Republicans defeated three-​term incumbent U.S. Senator Robert Bennett at their state convention. Two more conservative candidates, both with support among Tea Party activists, now move on to a primary election to decide the eventual GOP nominee.

Senator Bennett’s defeat marks the first U.S. senator to be denied re-​nomination in Utah in 70 years.

The strangest part of this, though, is the strange reaction of much of the media. The morning paper says Bennett was as conservative as any rational human being could possibly desire … citing Democratic National Committee Chairman Tim Kaine. 

Kathleen Parker, the liberal Washington Post’s idea of a conservative, lectured before the vote that “Tea Partyers risk losing some of their strongest voices.” Tea Party supporters seem determined to decide for themselves which voices speak for them. 

Parker also smeared Tea Party folks as an anti-​intellectual rabble, characterizing Bennett’s long tenure in Washington to be “as disadvantageous as having an Ivy League degree. Those out-​of-​touch elites, you know.”

Touchy. Very out-​of-​touchy. Forgotten by the maven? Bennett’s old pledge to serve only two terms. 

Bennett had been seeking his fourth term. 

E.J. Dionne called the Utah result a “non-​violent coup.” Yes, just exactly like a coup — except for that voting part. 

For those counting coup right now, establishment folks are receiving a whacking. No wonder they bristle. 

Expect more.

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights general freedom national politics & policies

Riot Cops to a Tea

Here’s a federal budget cut: Air Force One and all other presidential travel services. The prez doesn’t need to travel. Keep the Executive Entourage in Washington, DC.

This struck home to me when I saw video of police in full riot gear, called up specifically to keep Tea Party people from gathering to greet the president at an event in Quincy, Illinois.

The cops marched around and repelled the Tea Party folk, moving them back, away from the president and his admirers. 

President Obama’s Secret Service and crowd control experts are carrying on the tradition of George W. Bush. I haven’t heard Orwellian talk of “free speech zones,” but that doesn’t mean that free speech or the mere waving about of signs is encouraged by the president.

Presidential outings and speeches are tightly controlled. They are now mere political events, designed to shore up the president’s party.

So there’s no reason, in the age of mass media, for American taxpayers to continue to pay for them. The president can speak in front of the camera, on radio and the Internet, and he can speak on the White House steps. But spending one more cent on presidential roamings to rally partisan troops just isn’t very American. Not if all sides aren’t allowed to participate.

What was unacceptable under Bush remains unacceptable under Obama. But I doubt if we’ll hear many on the left protest this marginalization of dissent.

Wrong crowd, I guess.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability national politics & policies too much government

Fearing Free Fall

The European Union is bailing out Greece. Fearing financial contagion, EU’s policy wizards decided to throw 100 billion euros at Greece, in tandem with demands for austerity.

New spending restrictions are tough enough to elicit the verdict of “savage” from Greece’s public employee unions. But are they “savage” enough?

The euros-​to-​the-​rescue scheme occurred only after collapses of Portuguese and Spanish bonds. As mentioned last Friday, things aren’t good on Europe’s other southern peninsulas, either.

The “Domino Theory” remains a dominant metaphor. Once, we feared countries would fall like dominos to communism. Now, it’s like dominos into insolvency.

But propping up a tipped domino isn’t easy.

Drastic solutions, like expelling the duplicitous Greek nation-​state from the EU? Not on the table. The apparent aim of the bailouts? Keep as many of the major players responsible for the fiasco in as good a shape as possible.

If, on the other hand, every politician were fired and every contract with unsustainable giveaways to public employee unions were dissolved as part of bankruptcy, might future policy makers be a little more cautious?

Meanwhile, the dominos keep falling. The day after announcing the bailout, the euro plummeted.

My question: What happens when “too big to fail” is applied not to a tiny country like Greece, but to the good ol’ US of A?

What if we’re too big to bail out?

This is Common Sense. I’m Paul Jacob.

Categories
Accountability

Is It Fraud Fraud?

The subpoena of the week was filed by Virginia’s attorney general, Ken Cuccinelli, against the University of Virginia. Cuccinelli demands to see the work product — emails and other documentation — of one of the august institution’s former professors, Michael Mann, a well-​known advocate of global warming catastrophism. He was one of those whose emails with British climatologists outed him as a savvy, perhaps fraudulent manipulator of data.

The attorney general filed the demand for information under the Virginia Fraud Against Taxpayers Act, which allows the state to prosecute and receive damages from employees and vendors who make false claims for payment, or submit false records in a contract with the state, or defraud the state.

Former Professor Michael Mann proudly confessed, in his most notorious email, to fiddling with the data to concoct the infamous “hockey stick” graph of global warming. Now he insists that everything he did was legit. His critics counter that his treatment of the data was deliberately propagandistic, not scientific at all.

But did it amount to fraud?

It’s some kind of fraud, surely. But is it less than the legal real deal or is it, as Whoopi Goldberg might put it, “fraud fraud”?

Well, I guess that’s why the attorney general is fishing: To find out.

Predictably, Mann and other academics have protested the investigation. It will have a chilling effect on research, they say.

Well, if it has a chilling effect on fraudulent research, all to the good, I say.

This is Common Sense. I’m Paul Jacob.