- The Framers knew what they were doing: don’t abolish midterm elections [John O. McGinnis, Law and Liberty]
- Rhode Island has elected a new Democratic governor, Gina Raimondo, with public-employment reformist credentials. But is it ready to fix its structural barriers to economic growth? [Aaron Renn, City Journal; more from Renn at Urbanophile here, here, and here; a different view from Justin Katz, Anchor Rising]
- New Andy Pincus paper for U.S. Chamber on government-agency “litigation swarm” tactics [Institute for Legal Reform, more]
- Guns ‘n’ strippers: when happens when FOIA/public records requests run into Bill of Rights concerns [Eugene Volokh]
- “Three Convicted of Conspiracy to Defraud Gulf Oil Spill Fund” [FBI]
- New book by Judge Robert Katzmann on statute-drafting [James Maxeiner, Common Good]
- TCPA: “L.A. Lakers ‘Showtime’ Threatened by Class Action Over Text Messages” [Faces of Lawsuit Abuse]
Trial lawyer and inveterate Litigation Lobby booster Bruce Braley lost his Iowa senate bid (“He comes across as arrogant, and I think it’s because he is,” said an unnamed Democratic official.) Sen. Mark Pryor, chief Senate handler of the awful CPSIA law, lost big.
Massachusetts voters again rejected Martha Coakley, whose prosecutorial decisions we have found so hard to square with the interests of justice. The Wisconsin Blue Fist school of thought, which sees organized government employees as the natural and truly legitimate governing class, met with a rebuff from voters not only in Wisconsin itself but in neighboring Illinois (where Gov. Quinn, of Harris v. Quinn fame, went down to defeat) and elsewhere. Colorado voters rejected GMO labeling, while a similar Oregon bill was trailing narrowly this morning but not with enough votes to call.
California voters rejected Prop 46, to raise MICRA medical liability limits, require database use and impose drug testing of doctors, by a 67-33 margin, and also rejected Prop 45, intensifying insurance regulation, by a 60-40 margin (earlier).
I’ve written a lot at my Free State Notes blog about the governor’s race in my own state of Maryland, and unlike most others was not surprised at Larry Hogan’s stunning upset victory. The politics category there includes my letter to Washington Post-reading independents and moderates about why they should feel comfortable electing Hogan as a balance to the state’s heavily Democratic legislature, as well as my parody song about what I thought a revealing gaffe by Hogan’s opponent, Lieutenant Governor Anthony Brown.
George Will, hard-hitting but on target, on what happened to people who took the wrong side of the Wisconsin public-employee wars:
The early-morning paramilitary-style raids on citizens’ homes were conducted by law enforcement officers, sometimes wearing bulletproof vests and lugging battering rams, pounding on doors and issuing threats. Spouses were separated as the police seized computers, including those of children still in pajamas. Clothes drawers, including the children’s, were ransacked, cellphones were confiscated and the citizens were told that it would be a crime to tell anyone of the raids.
Chisholm’s aim — to have a chilling effect on conservative speech — has been achieved by bombarding Walker supporters with raids and subpoenas: Instead of raising money to disseminate their political speech, conservative individuals and groups, harassed and intimidated, have gone into a defensive crouch, raising little money and spending much money on defensive litigation. Liberal groups have not been targeted for their activities that are indistinguishable from those of their conservative counterparts.
Such misbehavior takes a toll on something that already is in short supply: belief in government’s legitimacy. The federal government’s most intrusive and potentially punitive institution, the IRS, unquestionably worked for Barack Obama’s reelection by suppressing activities by conservative groups. … Would the race between Walker and Democrat Mary Burke be as close as it is if a process susceptible to abuse had not been so flagrantly abused to silence groups on one side of Wisconsin’s debate? Surely not.
- Texas trial lawyer lobby has attacked Greg Abbott on theme of his accident for years without success, Wendy Davis would have been smarter to tell ’em no [Politico]
- Wondering about ObamaCare rate hikes? You’ll get to find out right after the election [Washington Times]
- “Four more years of ‘pay-to-play’ if DeWine returns as Ohio AG, says Dem challenger” [LNL]
- Blades concealed? Environmental group’s Iowa, Colorado attack ads play bad cop to wind lobbyists’ good cop [Tim Carney]
- “W.Va. trial lawyers’ campaign donations near $600K” [W.V. Record]
- With all the serious issues in the Maryland governor’s race, what’s this guy doing writing a parody song about Anthony Brown’s “Frederickstown” gaffe? [Free State Notes]
- “Dear Trial Lawyer Colleague, One of our own, Bruce Braley, is in the fight of his life” [Joel Gehrke, earlier]
Readers who followed Overlawyered in 2009-10 will recall that the closest this site has ever come to a crusade was in covering the truly horrible Consumer Product Safety Improvement Act of 2008, enacted after a media-fed tainted-toy panic, a law that needlessly drove out of business many small retailers and manufacturers of children’s goods posing no hazard whatsoever to consumers. Some will further recall that the chief Senate handler of the legislation was Sen. Mark Pryor (D-Arkansas), who cut a poor figure throughout as both ill-informed and dismissive about the side effects his own legislation was having.
Now Sen. Pryor is locked in a tight race for re-election with challenger Rep. Tom Cotton, and a group called the Arkansas Project has been reminding readers of Pryor’s record on CPSIA, digging up many new details in an August series written by Washington, D.C.-area policy analyst Marc Kilmer (who generously credits Overlawyered coverage as a source throughout). Most of the series can be found at this tag or via search. Here is a guide to individual installments in the series, supplemented by links to further coverage from our archives:
- Introduction, and some comments about dangerous toys (our overall coverage of CPSIA);
- Sen. Pryor’s role in the law, and its unreasonable testing burdens (our coverage of CPSIA and Congress, and the law’s testing burdens);
- The law’s awful effect on resale and consignment, and the closure of A Kidd’s Place in Conway, Ark (our coverage on resale);
- Why big toymakers (unlike small) are doing fine under the law, and some dubious claims of safety success (our coverage on toys);
- CPSIA’s role in saving kids from old books (our coverage of its effects on books and libraries);
- “Sen. Pryor Stops Kids from Eating All-Terrain Vehicles” (our coverage on minibikes and other motorized vehicles)
- How the law jumped the gun on phthalates, the bendy-plastic ingredient (our coverage of the law’s phthalate ban);
- Sen. Pryor’s non-response to the series.
Arkansas voters — and everyone who wants to learn how a Congress can fail spectacularly at its legislative responsibilities — should read this series in full.
- Posner smacks lawyers, vindicates objectors in Radio Shack coupon settlement [CCAF, Fisher, more]
- “Germany To Consider Ban On Late-Night Work Emails” [Alexander Kaufman, Huffington Post]
- 7th Circuit overturns Wisconsin John Doe ruling, sends back to state judges [Milwaukee Journal-Sentinel, ruling; more, Vox] John Doe case prosecutor John Chisholm, via columnist Dan Bice, strikes back against source in office who talked to Stuart Taylor, Jr. [Taylor, Althouse]
- Trial lawyer/massive Democratic donor Steve Mostyn also dabbles in Texas Republican primaries [Robert T. Garrett, Dallas Morning News; Mostyn’s national spending from Florida and Arizona to New Hampshire and Minnesota]
- Sad: immigration lawyer known for Iraqi Christian advocacy faces asylum fraud charges [Chicago Tribune]
- Might have been entertaining had Bruce Braley opponent Joni Ernst in Iowa argued in favor of nullification, but that’s not what evidence shows [Ramesh Ponnuru]
- California hobbles insurers with diverse-procurement regulations [Ian Adams, Insurance Journal]
- California may lead in number of arrested lawmaker scandals but jealous New York vows to catch up [NYDN]
- Will voters in hotly contested Massachusetts primary remember Martha Coakley’s central role in the Amirault travesty of justice?
- “State of unions: Illinois’ big unionized workforce has become a big campaign issue” [Peoria Journal Star] Teachers’ union top priority: unseat GOP governors [Politico]
- In which I’m quoted saying relatively favorable things about left-leaning New York gubernatorial candidate Zephyr Teachout (though “enjoyed interacting with” is a long way from “would consider voting for”) [Capital New York]
- Meet the trial-lawyer-driven group behind the Rick Perry indictment [Texas Tribune; more of what’s up in Texas]
- Senate incumbents Reid, Pryor, and Durbin and hopeful Bruce Braley among recipients of asbestos law firm money [MCR, Legal NewsLine] Key trial lawyer ally Durbin has slipped in polls [Chicago Sun-Times]
- Montana Democrats’ candidate for U.S. Senate looking a little Wobbly [Lachlan Markay, Free Beacon; A. Barton Hinkle, Richmond Times-Dispatch; #wobblydem]
- Bruce Braley’s “farmer” gaffe might hurt long-term because it fits into a wider pattern about the would-be Iowa senator [John Tabin/Rare, earlier]
- Disbarred ex-D.A. and longtime Overlawyered favorite Andrew Thomas running for GOP Arizona governor nomination [Phoenix New Times]
- Did Wisconsin John Doe probe include email dragnet? Yahoo billed DA for “costs associated with subpoena compliance” [M.D. Kittle/Wisconsin Reporter, more]
- “We need a Democratic sweep. Stay focused.” — work-hours tweet by former Federal Election Commission enforcement lawyer whose hard drive, like that of her former FEC boss Lois Lerner, now tragically missing [House Oversight report, Daily Caller]
- Texas hurricane claims: megadonor Steve Mostyn “successfully drags state senator into TWIA lawsuit” [Legal NewsLine, TLR]
- No more pay to play? Two Ohio lawmakers seek to curb campaign giving by law firms hired by state’s attorney general [Aurora Advocate]
- Sen. Elizabeth Warren’s research on medical bankruptcy may be shaky, but it’s hard to fault her taste in English sports cars [Ira Stoll, American Spectator]
“It is a truism that laws tend to be arranged for the benefit of the political class.” Even so, would you expect Connecticut law to provide that private employers must hold open the jobs of full-time elected officials for as much as eight years in case they decide to return? My new blog post at Cato has details.
Paul Caron at the justly admired TaxProf blog has been patiently documenting the IRS scandal since the start and his daily link roundups are now as relevant as they have ever been. More: CNN, John Hinderaker/PowerLine, A. Barton Hinkle (finger of responsibility points at Congress), Peter Suderman. Earlier here, etc.
Update: IRS said on Tuesday that computer crashes swallowed without a trace the emails of several other employees central to the nonprofit-targeting probe, and admitted it waited months to tell congressional investigators that it did not expect to produce Lois Lerner’s emails.