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on TV and radio

Caleb Brown of Cato interviews me:

Official DNA database use and obligatory testing is now sure to expand; where might it be headed? “If states are using DNA to verify paternity on births to underage women, why not use it to verify paternity on all births?” [Glenn Reynolds] “The 2018 Ezra Klein column on how it’s insane we’re not testing all this DNA for public health purposes writes itself.” [@andrewmgrossman] Michelle Meyer also has some ideas. Earlier here.

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Did you know that the Affordable Care Act creates an enormous, multi-billion-dollar slush fund — in the out years, it will raise $2 billion a year in perpetuity — for the federal government to spend on more or less anything that might “improve health and help restrain the rate of growth” of health-care costs? That the spending can bypass the Congressional appropriations process, and is rife with expenditures for the purposes of lobbying government itself, which is supposed to be an unlawful use of federal funds?

Somehow it didn’t sink in until I read this excellent investigation in Forbes by Stuart Taylor, Jr., the distinguished commentator and journalist now associated with the Brookings Institution. Because almost any cause arguably advances health, the administrators end up with close to unlimited discretion as to how to spend the money, which results in the usual array of goofy-sounding grant activities ranging “from ‘pickleball’ (a racquet sport) in Carteret County, N.C. to Zumba (a dance fitness program), kayaking and kickboxing in Waco, TX.”

It’s tailor-made for log-rolling and rewarding local friends, but the dangers go beyond that. In particular, as outraged Republicans from Fred Upton (R-Mich.) in the House to Susan Collins (R-Me.) in the Senate have been documenting, large sums from the program have been devoted to the purpose of lobbying for the passage of legislation at the local and state level — notwithstanding specific statutory language making that an unlawful way of spending money raised from federal taxpayers.

To quote Taylor:

* In Washington state, the Prevention Alliance, a coalition of health-focused groups, reported in notes of a June 22, 2012 meeting that the funding for its initial work came from a $3.3 million Obamacare grant to the state Department of Health. It listed a tax on sugar-sweetened beverages (SSB), “tobacco taxes,” and increasing “types of outdoor venues where tobacco use is prohibited” as among “the areas of greatest interest and potential for progress.”

* The Sierra Health Foundation, in Sacramento, which received a $500,000 grant. in March 2013, described its plans to “seek local zoning changes to disallow fast food establishments within 1,000 feet of a school and to limit the number of fast food outlets,” along with restrictions on fast food advertising. A $3 million grant to New York City was used to “educate leaders and decision makers about, and promote the effective implementation of. . . a tax to substantially increase the price of beverages containing caloric sweetener.”

* A Cook County, Ill. report says that part of a $16 million grant “educated policymakers on link between SSBs [sugar-sweetened beverages] and obesity, economic impact of an SSB tax, and importance of investing revenue into prevention.” More than $12 million in similar grants went to groups in King County, Wash. to push for changes in “zoning policies to locate fast-food retailers farther from . . . schools.” And Jefferson County, Ala., spent part of a $7 million federal grant promoting the passage of a tobacco excise tax by the state legislature.

These aren’t isolated flukes: they look very much like the normal and planned operation of the program. A $7 million grant to activists in the St. Louis area went in part toward lobbying for the repeal of a state law barring municipal tobacco taxes. The Pennsylvania Department of Health reported on how it used a $1.5 million federal grant: “210 policy makers were contacted . . . 31 ordinances were passed . . . there were 26 community presentations made to local governments .. . and 16 additional ordinances were passed this quarter, for a cumulative total of 47.”

This is outrageous. Congress has enacted and reiterated the ban on lobbying with federal funds because of the obvious unfairness of requiring taxpaying citizens to support political efforts of which they disapprove. Now a combination of the most politicized sector of public health activism (which likes to dictate how people live) and a cross-section of the local political class (which likes to find new ways of raising taxes) is getting massive federal subsidies to pursue such lobbying, often on a scale that can bulldoze disorganized local opposition. If you were wondering why some bad new ideas for local legislation (e.g., zoning to keep fast-food restaurants out of big-city neighborhoods) seem to be everywhere despite a tepid level of voter enthusiasm, now you know. You’re paying for them to be everywhere.

I joined host Ray Dunaway on Hartford’s WTIC this morning to talk about the issue.

P.S. Thanks to commenter gitarcarver for pointing out this April report on the problem by the investigative group Cause of Action. (& David Catron, American Spectator)

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“Steely,” “indomitable,” and endlessly quotable: I’ve got a blog post up at Cato about her life and career. BBC Radio 5 liked it and will be interviewing me this evening about her.

P.S. Among other views, Ira Stoll relates her success in cutting tax rates while bolstering government finance, and Jesse Walker wonders whether she actually was as ideologically distinctive as all that on issues like deregulation. And as often happens, the subject of Mrs. T. brings out Andrew Sullivan in good form.

Audio from BBC 5:

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It’s not embeddable, but here’s a link to a video (may not work in all browsers) of today’s panel on the Marriage Cases at Cato, with Evan Wolfson of Freedom to Marry, former Republican National Committee chair Ken Mehlman, and Cato’s Ilya Shapiro, with me as moderator.

P.S. Okay, now we’ve got a proper video up:

Alternative video at Cato site (parts one, two). Coverage: Luca Gattoni-Celli, American Spectator; Lou Chibbaro Jr., Washington Blade; Kevin Glass, TownHall.com; Adam Polaski, Freedom to Marry.

I’m set to be a commentator this afternoon on the Fox radio network, discussing the Supreme Court’s marriage cases. Speaking of which, I’ve got a new roundup at Cato at Liberty summarizing recent writings on Perry and Windsor by Cato stars including Roger Pilon, Ilya Shapiro, and Richard Epstein.

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This morning I was a guest on the Ralph Bristol show on Nashville Superstation WWTN and on the Ray Dunaway show on Hartford’s WTIC, talking about the court ruling striking down Mayor Bloomberg’s soda grab. The Orange County Register also reprinted my Daily Caller piece on the subject (& The Hill’s Blog Briefing Room). Earlier here, etc.

In a sweeping decision, trial court judge Milton Tingling has struck down the ban on sugary drinks decreed by the New York City Department of Health, which had been scheduled to go into effect tomorrow. I discuss the ruling in a Cato podcast above. I’m also quoted by Jillian Kay Melchior at National Review Online:

It was a sweeping ruling, because the judge said not only was the ban arbitrary and capricious, but it also went beyond the public-health agency’s powers under the statute. It meant that, even if Bloomberg went back and got a better factual justification for it, he had no legal right to do it. The agency just plain lacked the power. It means that the powers that public-health agencies claim because of emergency dangers like a raging epidemic — they don’t get to rule by dictate about other elements of our life that are not emergencies.

Other coverage: New York Post, CBS New York, Moin Yahya, David Henderson. As the law’s effective date approached, city residents were learning more about its unpleasant effects on such everyday activities as ordering beverages to split with pizza delivery, mixers at nightclubs, table pitchers to serve kids’ birthday parties, and, most recently, coffee, the subject of a virally famous poster from the local Dunkin’ Donuts operation.

P.S. And now I’ve got a Daily Caller piece out on the decision. See follow-up post here.

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Caleb Brown of Cato interviewed me in this new podcast. Earlier on football and brain injury here, here, etc.

Welcome WTIC listeners

by Walter Olson on February 5, 2013

I was a guest on Hartford-based morning talk radio just now to discuss the NFL concussion litigation (more). Host Joe D’Ambrosio stood in for the ailing Ray Dunaway. More: concussion litigation and the NCAA [Nathan Fenno, Washington Times]

Maryland law clinic follies

by Walter Olson on December 28, 2012

I’m in the Baltimore Sun with an op-ed about the University of Maryland’s ill-chosen decision to represent the Waterkeeper Alliance in what was intended to be a landmark environmental case against an Eastern Shore farm family. Earlier here, etc. (& welcome Glenn Reynolds/Instapundit readers)

P.S. Welcome listeners from Baltimore’s WBAL, which had me as a guest Friday afternoon to discuss the suit. Research assistance thanks to Ryan Mulvey, Cato intern.

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I joined “Talk of the Nation” host Neil Conan and “political junkie” Ken Rudin today live in NPR’s Washington studio to discuss my findings on the large number of suburban Romney voters who voted in favor of ballot measures to recognize same-sex marriage (in Maryland and Maine) or opposed a measure to ban it (in Minnesota). Update: now that NPR has posted the show online, you can listen or read a transcript here (earlier)

Author Russell Nieli came to Cato this week to discuss his new book and I gave a brief commentary. More: John Rosenberg, Discriminations.

Related: Voting on ideological lines, the Sixth Circuit declares void the Michigan Civil Rights Initiative, suggesting a constitutionalized “right” to racial preferences. Calling SCOTUS! [Jonathan Adler]

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I joined Bay Area public radio host Marty Nemko (KALW) on Sunday for a discussion of the pluses and minuses of the Americans with Disabilities Act, and specifically as it applies to the workplace. I focused on the minuses, while disability rights attorney Claudia Center emphasized the pluses. You can listen here.

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“A federal jury rejected Teresa Wagner’s First Amendment claim that the University of Iowa College of Law denied her a faculty position due to her conservative politics, but deadlocked over her Equal Protection claim that she was passed over in favor of less qualified candidates. The U.S. Magistrate Judge declared a mistrial on the 14th Amendment claim.” [Paul Caron, TaxProf, with many links; earlier here, etc.; Bainbridge, more, related on faculty political leanings]

I appeared in the press a fair bit commenting on the case, including Blaze TV (above) and Iowa Public Radio as well as stories in the Daily Iowan, AP, the New York Times and elsewhere.

Adam Freedman, author of books including The Naked Constitution, has a podcast series at Ricochet examining issues in constitutional law. In the latest installment, Clark Neily of the Institute for Justice and I discuss how to distinguish between the contrasting dangers of judicial activism on the one hand and, on the other, what Neily calls “judicial abdication.” You can listen here.

P.S. More on The Naked Constitution here.

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Following numerous lower court decisions striking down the federal marriage definition provisions of the 1996 Defense of Marriage Act, the U.S. Supreme Court is very likely to take up the question this year. In Monday’s Cato podcast, I discuss the long road that brought DOMA to the Court and explain a few of the complications, including a potential second case arising from the Ninth Circuit’s invalidation of California’s Proposition 8. The separate DOMA provision establishing that states aren’t obliged to recognize same-sex marriages from other states isn’t under challenge.


Caleb Brown interviews me for Cato’s podcast series on some of the stories in yesterday’s post.

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Caleb Brown interviews me in this new Cato Institute podcast, in which we discuss the futility of Mayor Bloomberg’s effort to turn NYC soda fans into two-fisted drinkers (that is, they’ll need to carry one in each hand); the role of federal grants from the Obama administration; and more broadly, the creepily intrusive ambitions of the New York City Health Department. If the embedded version doesn’t work, you can find it here.

Related: “The issue is freedom, not soft drinks.” [Jonathan Tobin, Commentary]. “Over himself, over his own body and mind, the individual is sovereign,” wrote John Stuart Mill [Patrick Basham, U.S. News] A new study finds restricting people’s junk food choices doesn’t help them lose weight [Reuters] James Lileks offers a helpful picture gallery distinguishing “Poison” from “Not Poison,” and classes a-burger-and-a-Coke in the latter category. Contrariwise, a ban backer at the Daily Beast is happy to contemplate future rules limiting hamburger sizes: “why not? Eight- and ten-ounce burgers are sick things.” And from earldean71: “If history is any guide at least one Atlanta suburb will pass an ordinance requiring giant soda drinks if NYC has a ban.” Earlier here, here, here, here, etc.

More: Watch me on the video version, just up on YouTube:

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