The IRS scandal is a genuine scandal, for sure; efforts to portray it as merely a “scandal” within quotation marks, as by the L.A. Times’s Michael Hiltzik, are well answered by Megan McArdle, Patterico, Ed Krayewski, and (implicitly in advance) by this Josh Barro column exploding the notion that 501(c)4 status was somehow intended only for volunteer fire departments and the like and not for politically engaged citizen groups.

Once the scandal momentum gets going, however, people start in on all sorts of efforts to connect dots that may not have any necessary connection or even qualify as dots at all. Example: at the Daily Caller this morning, reporter Patrick Howley is out with a story headlined, “Embattled IRS official Lois Lerner’s husband’s law firm has strong Obama connections.”

Curious, I read on to see which law firm with strong Obama connections Lerner’s husband, an attorney named Michael Miles, is a member of. It turned out to be Sutherland, Asbill & Brennan, a pillar of the Atlanta legal establishment known for its strong tax practice.

Sutherland, Asbill & Brennan is a so-called BigLaw firm. Per the American Lawyer’s profile, it has 387 lawyers and represents all sorts of clients, with an emphasis on corporate work across a wide range of industries.

So what’s the evidence that Sutherland has “strong Obama connections” or is tight with White House Democrats? Here it is: according to Howley, the firm:

hosted a voter registration organizing event for the 2012 Obama re-election campaign, praised President Obama’s policy work, and had one of its partners appointed by Obama to a key ambassadorship.

Really? In a 387-lawyer BigLaw firm, those are the strongest Obama links Howley was able to come up with? As with virtually all BigLaw firms, Sutherland has attorneys active in both parties who host events favorable to one side or the other. It took me only a minute or two on search engines to confirm that Sutherland lawyers and alumni are quite successful in landing prominent appointments under Republicans. Here’s a 14-year Sutherland alum (though he’d moved on to other employers in the interim) who served as National Executive Director of Lawyers for Bush-Cheney in 2000 and went on to a distinguished career as ambassador appointed by that administration. Here’s a Sutherland attorney (“top lawyer at the Pentagon for six years”) nominated by President George W. Bush to the Fourth Circuit U.S. Court of Appeals.

Of course, some BigLaw firms do have a distinct coloration that falls toward one side of the political spectrum while tolerating the occasional maverick from the other. Is this true of Sutherland? I consulted the Open Secrets database and found that in the last election cycle the firm’s lawyers donated $41,700 to Mitt Romney and $35,413 to Barack Obama. In Congressional races, the firm’s lawyers donated $38,040 to Republican candidates and $25,350 to Democrats. The biggest recipient by far in the Congressional races? Ted Cruz (R-Texas), who got $16,250 from Sutherland lawyers. Overall, these figures would rank Sutherland as not a particularly heavy hitter among law firms in federal donations. Twenty other law firms’ attorneys gave upwards of $1.2 million in the last election cycle, mostly leaning much more toward the Democratic side than did the donations from Sutherland’s attorneys.

I suppose “Embattled IRS official Lois Lerner’s husband’s law firm has strong Ted Cruz connections” would have made for too confusing a headline on a Daily Caller lead story.

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“In a report that undercuts years of public health warnings, a prestigious group convened by the government says there is no good reason based on health outcomes for many Americans to drive their sodium consumption down to the very low levels recommended in national dietary guidelines.” [Gina Kolata, New York Times, on Institute of Medicine report; CBS News; Philadelphia Inquirer]

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Schools roundup

by Walter Olson on May 16, 2013

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For all with eyes to see (except maybe some folks at The New Yorker) the IRS scandal has been hiding in plain sight for more than a year, I argue in a new Cato post. For example, this site briefly covered the Service’s ridiculously broad documentary demands on Tea Party groups — for things like transcripts of speeches and radio shows and the contents of Facebook and Twitter postings– in March and May of last year.

The Treasury Inspector General’s report on the affair, released yesterday, is here. (Coverage roundup: Paul Caron, TaxProf.) It makes clear that many groups were singled out because of their controversial political stances and then subjected to both objectively unreasonable document demands (e.g., for thousands of pages of documentation) and objectively unreasonable delays (e.g., for two years) in resolving their applications. (The Service seldom if ever actually denied applications from the singled-out groups, perhaps because its actions would then have come under more rigorous court review). Meanwhile, other groups with controversial views of a different political valence were waved through. It is not a question of whether applications for tax exemption should somehow be “approved without question,” as some have contended, but whether they should come under review that is even-handed and with no more delay and regulatory burden than is inherent to the process. At Time, Michael Scherer collects past examples that suggest IRS retaliation against political adversaries is something of a tradition in America. (Similarly: Cato video podcast).

P.S. Defending itself against the Inspector General’s report, the IRS says the applicants flagged for special scrutiny “included organizations of all political views.” It points to three such left-leaning groups — out of 471 in all singled out for extra screening. [Bloomberg via Newser] Much more: Gregory Korte, USA Today (“As applications from conservative groups sat in limbo, groups with liberal-sounding names had their applications approved … the liberal groups applied for the same tax status and were engaged in the same kinds of activities as the conservative groups.”) Meanwhile, L.A. Times columnist Michael Hiltzik is unafraid of going way out on a limb to defend what the Service did: if you don’t want to be harassed for your dissidence, it seems, you shouldn’t have sought (c)(4) status in the first place.

Yet more: Reuters has illuminating coverage of how the Service tried to break one of the year’s biggest stories on a Friday afternoon via a friendly question before a room full of tax lawyers. (“They made a bet that this would be the quietest way to roll it out,” [Eric Dezenhall] said of the IRS strategy. “It didn’t work.”) “Did Citizens United Critics Push the Agency To Misbehave?” asks my Cato colleague John Samples, while Tim Lynch adduces “Some Empirical Evidence of IRS Political Manipulation”. The BBC has a lexicon of political scandal euphemisms (“tired and emotional,” “hiking the Appalachian Trail,” etc.)

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“Health and Human Services Secretary Kathleen Sebelius has gone, hat in hand, to health industry officials, asking them to make large financial donations to help with the effort to implement President Obama’s landmark health-care law, two people familiar with the outreach said.” Congress had earlier turned down a White House funding request for the project, which among other objectives seeks to promote — sorry, “increase awareness of” — the new Affordable Care Act (ACA). Federal law sharply restricts cabinet members’ freedom to fundraise for non-profits while in office, but HHS spokesman Jason Young cited “a special section in the Public Health Service Act [which] allows the secretary to support and encourage others to support nonprofit groups working to provide health information and conduct other public-health activities.” In 2010 the Secretary, who holds wide discretionary power to make life unpleasant for health insurance companies, vowed strict measures against insurers that were undermining the ACA’s popularity by saying they were expecting the law to raise rates. [Sarah Kliff, Washington Post; Michael Cannon, Cato, and follow-up]

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His latest. The Reason editor-in-chief has consistently focused on the Benghazi angle that should most concern libertarians, namely the Administration’s scapegoating of speech (I think I’ll go ahead and coin the term “speech-goating.”) Here he focuses on a David Brooks column seemingly intended as a defense of the process that led to the famed Benghazi talking points, but which winds up putting them in a bad light indeed:

…in the absence of a clear narrative, the talking points gravitated toward the least politically problematic story, blaming the anti-Muslim video and the Cairo demonstrations.

Why was it deemed “the least politically problematic” course to spread an untruth, already widely known to be such by many senior officials, that sought to focus public and world anger on private speech, and by implication on our First Amendment protection of free speech about religion?

One should note carefully Ken White’s powerful argument at Popehat that the arrest of filmmaker Nakoula Basseley Nakoula wasn’t in fact legally irregular because Nakoula had clearly violated the terms of his supervised release and revocation of his release was par for the course under the circumstances.

Even so, the questions remain. The Administration sent Susan Rice out to five talk shows on the weekend of the attacks, where she pressed the line that outrage about the video fueled the attack. Brooks makes the case that interagency rivalries and secrecy got in the way of telling a fuller story. Maybe so. But why should American free speech be left as the “least politically problematic” thing to blame after a terrorist attack?

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Florida has shortened yellow-light times at intersections, which raises the danger of crashes but improves revenue for red-light cameras, currently running at more than $100 million a year in the state. [WTSP (auto-plays) via Tabarrok]

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Medical roundup

by Walter Olson on May 15, 2013

  • Hit by stray bullet, wakes from anesthesia fighting, hospital told to pay $17 million [Georgia; Insurance Journal]
  • Study: physician’s previous paid claims history has no impact on odds of catastrophic med-mal payout [Bixenstine et al, JHQ via PoL] Overall, med-mal payouts have fallen steadily in past decade; $3.6 billion figure last year follows strongly regionalized pattern with top per capita figures all in Northeast [Diederich analysis of annual payouts via TortsProf] Florida law now requires that testifying medical witness be in same specialty as defendant [Business Week]
  • In lawsuits alleging “wrongful birth,” what’s the measure of damages? [Gerard Magliocca, Concurring Opinions]
  • ObamaCare exchanges in D.C., California and Connecticut declare smoking “pre-existing condition,” say insurers can’t base higher rates on it [Kevin Williamson, NR]
  • “The Crime of Whitening Teeth with Over-the-Counter Products” [Caleb Brown, Bluegrass Institute]
  • How not to die: Jonathan Rauch on end-of-life overtreatment [The Atlantic]
  • “I’m going to start a rumor that Sudafed is an abortifacient. Then the feds will finally have to allow reasonable access to it.” [me on Twitter]

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It got started with the handicapped parking placards that in California and elsewhere made their way into the possession of not-so-disabled drivers. Then there were the reports of abuse of airport wheelchair attendant service, which can get you past security fast and which (to avoid litigation, embarrassment, or both) airlines often dispense on request without inquiring into need. Now comes the rentable disabled person to help your kids cut lines at Disney World. Disney allows parties of up to seven to enter attractions separately when one of the party is disabled. According to the New York Post, some affluent Manhattan mothers are happy to pay for the convenience: “The ‘black-market Disney guides’ run $130 an hour, or $1,040 for an eight-hour day.” [Tara Palmeri, "Rich Manhattan moms hire handicapped tour guides so kids can cut lines at Disney World," New York Post]

P.S. Too good to check? Commenter Marco and Christopher Robbins at Gothamist both have their doubts on whether the hazily sourced accounts might be embellished or worse.

P.P.S. And quite a lot more skepticism about the story from Lesley at XOJane.

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“Alarm fatigue”

by Walter Olson on May 14, 2013

Trying to order medications for a heart attack victim using electronic medical records, White Coat is frustrated to run into screen after screen preventing him from completing the order without addressing unlikely allergy issues (and thus protecting the hospital from liability):

For those of you who don’t know what alarm fatigue is, think of a car alarm. The first time you hear it going off, you run to your window to see who’s breaking into a car. Maybe you run to the window the second time and the third time, too. By the tenth time the alarm goes off, you’re thinking that the alarm is broken and someone needs to get that fixed. After about thirty false alarms, you’re feeling like going out there and busting up the car yourself – especially if the car alarm wakes you when you’re asleep.

It’s a concept with many applications beyond the emergency room setting, too, product warnings being just the start.

P.S. Dr. Westby Fisher has some related thoughts about the limits of trying to engineer physician responsibility through electronic records design.

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You’d think if anyone owned the phrase, it would be Her Majesty’s Government or, failing that, the bookselling couple in the North of England who brought the W.W. II-vintage poster back from obscurity. But one former TV producer has different ideas, and would like to own the rights. [CBS News (autoplays; I've removed the previously embedded video because I couldn't disable autoplay); earlier]

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FIRE, Hans Bader, Eugene Volokh and other free speech advocates are sounding the alarm about remarkable and extreme guidelines on university discipline emanating from the Department of Justice Civil Rights Division and Education Department Office of Civil Rights. I’ve got more details at Cato at Liberty. Earlier here, here, etc.

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May 14 roundup

by Walter Olson on May 14, 2013

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The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:

According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.

P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]

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…such as harass our political enemies [Michael Cannon, Cato, more; Washington Post on revelations that the Internal Revenue Service applied extra tax scrutiny to groups that "criticize how the country is being run".]

Update: that “just a rogue field office in Cincinnati” story didn’t last long. AP is reporting that the agency’s acting head knew nearly a year ago that tea party groups were being targeted, a fact that might have been of interest to lawmakers pursuing constituent reports of overly onerous document demands from the IRS (see our earlier coverage of that here and here). Meanwhile, ProPublica, the generally liberal-leaning journalistic outfit, has disclosed that the IRS shared with it confidential data from nine conservative-leaning nonprofits.

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Ira Stoll catches the New York Times being tendentious again [SmarterTimes]:

…one reason that Texas is at or near the top of the nation in terms of workplace fatalities is that it is at or near the top of the nation in terms of the number of workers and how many hours they work. If you adjust for that, and take the rate of workplace fatalities — that is, the number of fatalities from workplace injuries per 100,000 full-time workers, Texas isn’t worst in the nation, but somewhere in the middle…

Related: Josh Barro, Steven Greenhut (California as comparison).

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Class action roundup

by Walter Olson on May 13, 2013

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The University of Minnesota law professor and Volokh Conspiracy contributor sorts out claims that the pending bill in his state threatens religious liberty. [St. Paul Pioneer Press]

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