Junk science protected by the courts

When citizens petition the government or the courts for fair treatment there are barricades.
Although this essay starts on on the problem of the state sponsored guild system, with the example of the poor lady who wanted to be a flower arranger in Louisiana,
more important discussions occur farther into the piece explanations for why science challenges don’t work at the appellate level, why agencies get their way, why there are word tricks that protect government nonsense that allows agencies like the EPA to have their way.
That deserves your attention—and will make you appreciate how the administrative state has become the leviathan feared by our founders.
Mr. Neily, the constitutional law litigator who, with Robert Levy of CATO, represented the plaintiffs challenging Washington DC handgun ordinances, District of Columbia v. Heller, 554 U.S. 570 (2008), discusses why the government and the courts are colluding to circumvent the limitations of powers established by the US constitution. Why the courts are part of the problem of the oligarchy controlled administrative state. Why we have so much trouble stopping EPA and other agency overreach. He discusses the issues very well, for our benefit.
A couple of samples to encourage you to digest this exemplary essay:
“The Founders gave us a government of finite powers and a Constitution designed to “secure the Blessings of Liberty.” But they knew that politicians and bureaucrats could not be counted on to obey those limits voluntarily, so they also gave us an independent judiciary to serve as an “impenetrable bulwark against every assumption of power in the legislative or executive.” Unfortunately, our courts are not fully performing that duty. They are not acting as neutral arbiters in all cases. They often rationalize government action instead of judging it. As a consequence, we have less freedom and more government than we were meant to have.”
“Government would shrink considerably if it were required to give an honest account of its actions in court and restricted to pursuing genuinely public-spirited ends when making policy. That’s what the Constitution requires as a bare minimum, but judges often do not hold government even to that modest baseline.”
In the case of EPA misconduct and junk science public health research, the courts run cover for their perfidy.
To know the disease, study the signs and symptoms, as Neily does here. Consider it a very good leasson in practical Con Law in the real world of the administrative state of the Codevilla “Ruling Class” oligarchy that is powered by Codevilla’s other important concept, “Scientific Pretense.”
http://spectator.org/archives/2013/10/23/just-say-no-to-government
John Dale Dunn MD JD
Consultant Emergency Services/Peer Review
Civilian Faculty, Emergency Medicine Residency
Carl R. Darnall Army Med Center
Fort Hood, Texas
Medical Officer, Sheriff Bobby Grubbs
Brown County, Texas
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