Overlawyered: Chronicling The High Cost Of Our Legal System

Posts Tagged ‘Barbara Boxer’

“Dems Assigned Conservative Groups to Attack on Senate Floor”

Are you now, or have you ever been, a supporter of the Hoover Institution, the Mercatus Center, the Heritage Foundation, or the Acton Institute? Lachlan Markay, Free Beacon:

Democratic senators have been assigned conservative nonprofit groups to call out by name on the chamber floor in speeches on Monday and Tuesday criticizing corporations and advocacy groups for opposing Democratic climate policies, internal emails reveal.

…[Rhode Island Sen. Sheldon] Whitehouse and his allies, including Senate Minority Leader Harry Reid (D., Nev.), have crafted a schedule for floor speeches on Monday and Tuesday that assigns each participating Senator at least one group to go after by name.

Most of the groups have already been targeted by state Democratic officials that have undertaken a coordinated legal campaign against oil giant ExxonMobil since last year. Many were named in subpoenas sent to the company by state attorneys general as part of that effort.

The ringmaster, once again, is Sen. Sheldon Whitehouse of Rhode Island — yes, that Sheldon Whitehouse, whose hometown Providence Journal rightly called out his current campaign to sic the law on improper climate opinion as likely to “have a chilling effect on free speech, by intimidating dissenters into silence.” The leader on the House side is Rep. Ted Lieu (D-Calif.), also getting to be a familiar name.

One reason this is more sinister than your ordinary political sideshow: the proposed concurrent resolution urges right-leaning nonprofits “to cooperate with active or future investigations” of purportedly unlawful opinion-slinging. One of the most junior senators, Gary Peters of Michigan, apparently drew the short straw in the heresy posse and was assigned to attack my own Cato Institute (which publishes this site) at 6:30 this evening.

The senators participating in this appalling exercise besides Sens. Whitehouse, Reid, and Peters, all Democrats, are Sens. Ben Cardin of Maryland, Tim Kaine of Virginia, Barbara Boxer of California, Martin Heinrich of New Mexico, Chuck Schumer of New York, Al Franken of Minnesota, Elizabeth Warren of Massachusetts, Dick Durbin of Illinois, Tom Udall of New Mexico, Jeanne Shaheen of New Hampshire, Jack Reed of Rhode Island, Edward Markey of Massachusetts, Brian Schatz of Hawaii, Jeff Merkley of Oregon, Richard Blumenthal of Connecticut, and Chris Coons of Delaware.

Some early reactions: “All that is lacking are their public confessions” — Ronald Bailey at Reason (whose associated Reason Foundation is among the targets). “‘Assigned’ groups to attack? That sounds like middle school mean girl behavior.” [C.B. on Facebook] Peter Roff at U.S. News on how the Senators can’t (yet) make dissent illegal but can make it costly. And a reminder: the “Exxon Knew” crowd knew Whitehouse’s RICO-for-speech theory was wrong because their own allies had told them, but went ahead anyway.

More, Matt Welch at Reason:

…Since the targets of this shaming exercise are not being afforded the courtesy to rebut the charges in the forum at which they are being smeared, consider this a prebuttal…

This coordinated campaign would be an assault on free speech even if it were not drenched in conspiratorial inaccuracy. Democratic lawmakers, attorneys general, and activists are systematically singling out free-market think tanks for potential criminal prosecution and one-sided disclosure requirements based on the content of the think tanks’ research and commentary. They are literally trying to criminalize dissent. If successful, they will establish as “fraud” or “racketeering” any future think-tank work that runs afoul of political orthodoxy. …

Sadly, this heavy-handed act of government intimidation will likely go as unnoticed as Hillary Clinton’s long track record against free speech. Why? Because generally speaking both the mainstream press and the organized left reserve their First Amendment outrage for politicians they disagree with. Their silence is shameful, and deafening.

The senators’ action this week is no hyperbolic one-off: Prosecuting ungood climatology is baked right into the Democratic Party Platform. The two major Democratic nominees for president agree.

[Updated to correct error on Lachlan Markay’s name, sorry]

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CPSIA: Russian nesting dolls, paper clips, science kits

The website of the Golden Cockerel import firm includes a rather elaborate warning as to why its matryoshka are not meant for the under-12 set, at least not since the enactment of the calamitous Jan-Schakowsky–backed law:

the law requires each batch of toys be tested by a 3rd party laboratory to be sure they are “toy safe.” Such tests can cost well over $1000 per nesting doll set! And sometimes, as with our museum quality one-of-a-kind dolls, a “batch” consists entirely of one doll, or only a few, making it totally unfeasible to test.

CPSIA: reserving treasured toys for strictly adult use since 2008.

More: The CPSC has just sided with purported consumer groups and against pleas from the business community in adopting a broad definition of what constitute “children’s products” under the disastrous Barbara-Boxer–backed law: for example, ordinary paper clips must go through costly separate CPSIA testing when meant for kids’ use as part of a science kit with magnets and similar items [NY Times, AP/WaPo (“Kids’ science kits may take hit from safety ruling”), Commissioners Anne Northup and Nancy Nord]

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CPSIA chronicles, June 18

kingstork21

  • As noted earlier, the next all-out debacle on the CPSIA front is expected to result from the law’s tracking and labeling regulations, due to take effect August 14, and for which the CPSC has not yet issued guidance, although product makers ordinarily need to resolve crucial issues of manufacturing (as with etching of lot numbers) and packaging at least many months if not longer in advance of sale. Sharon McLoone at CNNMoney had quite a good report a week ago on this latest crisis, which as of this writing has not been followed up much of anywhere else in the press. This continues the pattern in which 1) most key elements of the ongoing CPSIA disaster get good coverage in at least one (sometimes more) major media outlets; 2) the bigger-picture disaster of the law never quite succeeds in breaking out into general coverage as a national story, in large part because 3) the agenda-setting New York Times never consents (even six months into the story!) to give the matter any coverage at all. For more hints on the approaching tracking-label train wreck, see this op-ed by a South Carolina maker of school supplies (“Companies such as ours are now forced to guess about their new legal requirements. … My company may have to change labels hundreds of times a week in our two factories. The investment necessary to handle this new rule alone is crippling.”), or the comments of appliquéd bib maker Laurel Schreiber of Lucy’s Pocket (if the testing doesn’t get her, the tracking labels will), or of New Jersey wooden toy maker John Greco (advised that tracking info would add $3.50 to $5.00 to cost of making $10 handmade toy). And here’s a view from the home furnishings business.
  • No, the menace to pre-1985 children’s books has not gone away, not in the least. Librarians and publishers remain on the edge of their seats awaiting exemptions, clarifications or both. There was some good coverage last month in the Sioux Falls Business Journal (store owner Jenny Cook “had to throw out only 30 books at her store to comply” because most were newer; “Siouxland Libraries has pulled a list of books that were published before 1985”) and at Syracuse.com (“When you think through the implications, it means closing our libraries to children”). And in a sign of possible things to come, ABC-affiliated stations in Seattle and Washington, D.C. have now run sensationalist “toxic books!” attacks on local libraries [Common Room, ShopFloor] More: Winifred Maker, Anderson Valley Post (April).
  • The CPSC’s stay of enforcement didn’t really solve the problem of the ban on dirtbikes and mini-ATVs, and responsible users and dealers end up getting the short end of the stick [Jason Giacchino/ATVSource, Vince Castellanos/ESPN FMX, Motorcycle Industry Council, Charleston (S.C.) Post and Courier]
  • Downtown Los Angeles is home to an estimated 500 toy companies — most of them far smaller than crosstown giant Mattel — and they’re in much distress from the law. [Alexa Hyland, L.A. Business Journal] The L.A. Times, which once gave serious scrutiny to the law’s effects on the apparel and resale sectors, seems (scroll) to be dropping the ball.
  • Those who remain in the kids’-product business after coping with all the other parts of the law will also want to educate themselves about “recall escrows” [Rick Woldenberg]
  • Inez Tenenbaum, named by Obama as new CPSC chair, had her confirmation hearing on Tuesday [ShopFloor and more, Rick Woldenberg]. Nancy Nord earlier stepped down from her role as acting chair.
  • What, what, what could they have been thinking? The American Library Association has actually given its 2009 Public Service Award to California Senator Barbara Boxer, a key architect of some of CPSIA’s provisions; the retroactive phthalates ban she championed has been especially effective in forcing “books-plus” off library shelves, and she has turned a coldly unsympathetic ear to cries of distress over the law (via @melanes). To repeat: what could the ALA have been thinking?

    • micebellcat2

Public domain images courtesy ChildrensLibrary.org: Walter Crane, illustrator, The Baby’s Aesop (1887).

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CPSIA: “We are sorry to report…”

Fewer options for kids in Santa Rosa, California:

We are sorry to report that Eleven 11 Kids has been forced to close its doors as of February 10, 2009 due to the new federal children’s environmental law, CPSIA, (HR4040) that went into effect on 2/10/09.

And then the store explains in some detail why it felt it had to close. It is too polite, perhaps, to mention that both California senators, Barbara Boxer and Dianne Feinstein, played prominent roles in getting CPSIA passed, with Boxer in particular pushing the retroactive phthalates ban that has been notably harmful to resellers.

Plowed under

At ShopFloor, Carter Wood writes that the Senate version of the bill was (even) more extreme in its provisions than the House version, and that the Senate version unfortunately “wound up playing a bigger role in the writing of the final bill”. The Hospice of Amador and Calaveras Thrift Store, in California’s Sierra Nevada, is still operating but has stopped carrying children’s items.

In Ellensburg, Washington, north of Yakima, Cheryl Smith was “living the American dream” with her store Hailina’s Closet, which “opened last April and [sold] gently used children’s clothing and toys.” But it is just a memory now. The Kitsap Sun reported that Perfect Circle, a Bremerton children’s consignment store, also had to go out of business.

A few more reports from Goodwill: Roanoke, Virginia, Le Mars, Iowa (rare good news, some items being put back on shelves), Rock County, Wisconsin.

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