Comments for Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Fri, 24 Oct 2014 19:33:44 +0000 hourly 1 http://wordpress.org/?v=4.0 Comment on Needed: a post-Frieden CDC by James http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310123 Fri, 24 Oct 2014 19:33:44 +0000 http://overlawyered.com/?p=49044#comment-310123 “The point is of course that the it’s the CDC, not Congress, that decides exactly where to place its focus.”

While the CDC decides which individual studies take place, Congress exercises considerable control. For instance, the CDC researched sexual assault because 42 USC 280b-4 requires it to research “sexual and domestic violence by and against adults, youth, and children.”

If you think the CDC has been given too much discretion, the answer is to give it less. If you think its mission is too broad, the answer is for Congress to narrow it.

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Comment on Needed: a post-Frieden CDC by James http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310120 Fri, 24 Oct 2014 19:09:49 +0000 http://overlawyered.com/?p=49044#comment-310120 And the CDC stops you from drinking your wine how? The CDC doesn’t regulate anything. It conducts research. Should it not research heart disease and let us know that drinking alcohol is a significant contributor?

I’m opposed to paternalistic regulations, such as Bloomberg’s absurd large soda ban, but that’s just not what the CDC does. It researches the diseases that Congress tells it to, diseases that happen to kill large numbers of Americans. If that causes the CDC to be marginally less prepared to handle a rare and hard to transmit virus, I’m okay with that.

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Comment on Needed: a post-Frieden CDC by Walter Olson http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310119 Fri, 24 Oct 2014 19:09:20 +0000 http://overlawyered.com/?p=49044#comment-310119 While we’re at it: I’ve got a new post at Cato about the international aspects, including the U.N.’s World Health Organization and Prof. Lawrence Gostin’s article “Healthy Living Needs Global Governance.”

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Comment on Needed: a post-Frieden CDC by DEM http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310117 Fri, 24 Oct 2014 18:47:05 +0000 http://overlawyered.com/?p=49044#comment-310117 “It also happens to coincide with the things that are actually killing Americans, which doesn’t really seem like a bad idea to me.”

Bike helmets are killing Americans? And lack of sleep? School lunches? Sexual assault? The CDC has spent time and rescoures on all of these.

If your response is to say, well, those DO cause deaths and injuries, I’d ask, where is the CDC’s task force on shark attacks? Bungee jumping accidents? Kitchen knife accidents? Train derailments?

The point is of course that the it’s the CDC, not Congress, that decides exactly where to place its focus.

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Comment on Needed: a post-Frieden CDC by ras http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310109 Fri, 24 Oct 2014 18:02:56 +0000 http://overlawyered.com/?p=49044#comment-310109 James, if I choose to drink an extra glass of wine, knowing it might not be the best thing for my health, that is my choice. I am not livestock, I am a free man, and my decisions harm no one else.

If I am infected with Ebola, that changes. I can be forcibly quarantined if necessary, not for my benefit, but to prevent the spread of infection to others.

See the diff? I suspect you do, and always have, but your tribalism outweighs your judgment.

Said tribalism is, like my glass of wine, a choice that you can freely make, however mistaken. So let us each enjoy our own: I will sip Cab Sauv with my beloved this eve while you put on your bike helmet and a CDC-approved aerobics video, all in perfectly sterile isolation, safe at last. Salud!

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Comment on Needed: a post-Frieden CDC by James http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310106 Fri, 24 Oct 2014 17:47:18 +0000 http://overlawyered.com/?p=49044#comment-310106 Congress long ago expanded the CDC’s original narrow focus well beyond communicable diseases, which is why it is called the Centers for Disease Control and Prevention instead of the Communicable Diseases Center. For instance, 42 USC 280b et seq. requires the CDC to support research into the “causes, mechanisms, prevention, diagnosis, treatment of injuries, and rehabilitation from injuries.”

Reasonable people can disagree about whether that’s a good idea, but the CDC’s attention to matters other than communicable diseases has more to do with Congress than the director. It also happens to coincide with the things that are actually killing Americans, which doesn’t really seem like a bad idea to me.

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Comment on Needed: a post-Frieden CDC by MattS http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310099 Fri, 24 Oct 2014 16:38:59 +0000 http://overlawyered.com/?p=49044#comment-310099 PS

Accidents likely belong to TSA and or DOT

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Comment on Needed: a post-Frieden CDC by MattS http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310097 Fri, 24 Oct 2014 16:38:17 +0000 http://overlawyered.com/?p=49044#comment-310097 James,

What part of Centers for Disease Control do you and the people currently in charge not understand?

The CDC was created to control contagious diseases, and they should stick to that mission.

Does that mean that the government should ignore major causes of death such as heart disease and cancer? Not at all, but that is what the NIH (National Institutes of Health) and HHS (Health and Human Services) are for.

The only thing the CDC accomplishes by sticking its nose into other agencies’ business is creating wasteful duplication of effort.

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Comment on Needed: a post-Frieden CDC by Timothy E. Harris http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310092 Fri, 24 Oct 2014 16:04:41 +0000 http://overlawyered.com/?p=49044#comment-310092 James, the six items listed in the cartoon are all matters of personal choice where the government can’t really do much that’s effective without encroaching on people’s liberty. And that’s even assuming their efforts don’t have unintended consequences. While bicycle helmets enhance safety in certain types of accidents, bicycle helmet laws discourage so many from riding at all that their impact may actually be making health worse.

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Comment on Needed: a post-Frieden CDC by Black Death http://overlawyered.com/2014/10/needed-post-frieden-cdc/comment-page-1/#comment-310090 Fri, 24 Oct 2014 15:13:40 +0000 http://overlawyered.com/?p=49044#comment-310090 Well, OK, Dr. Frieden deserves to be dumped, but replacing him with another physician-nannycrat will only give the illusion of change. That’s what happened when Eric Shinseki was fired a few months ago as Secretary for Veterans Affairs after the VA scandal. The leaders get switched, but nothing really changes – the bureaucracies just keep on rolling along, with few or no actual improvements. The army will never rise above its general, who, in this case, lives in the White House.

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