Boy, the courts have been busy lately. With revenue growing by 9% annually, litigation is one of the few industries not puking thousands of workers onto the pavement these days. Lawyers, unfortunately, have ample means for creating their own work, whether they’re suing fifth-graders for sexual harassment or McDonald’s for serving hamburgers. Imagine what your health insurance premiums would cost if doctors could spread germs on purpose. According to the Manhattan Institute, tort settlements (and this excludes tobacco) cost the economy $200 billion, or 2% of GDP each year. The lawyers cut? $40 billion. The fact that judges and most politicians are lawyers once removed only exacerbates the situation.
Take the California recall; first it’s on, then it’s off, now it’s on again and at each turn some shyster is retiling his bathroom. And no sooner did an Oklahoma judge rule that the FTC had no authority to enforce the do-not-call list, Congress tweaked legislation to satisfy the courts finding. In a rare display of efficacy, the House and Senate acted with lightning speed and near unanimity. And for good reason. There are 166 million residential phone numbers in the United States and nearly a third are inscribed on the no-call registry. This means the voting public has overwhelmingly demonstrated its views on the issue of telemarketing. The ink was barely dry in Washington when a second judge, unmoved by the wants of the polity, blocked the list on the grounds that the no-call rule violates the First Amendment. U.S. District Judge Edward Nottingham called the list “a government restriction on lawful and truthful free speech.” I guess Ed never invested in precious metals or Florida timeshares.
The old joke about hurricanes and white-trash divorces making trailer-park residents homeless was turned on its ear this week. Where Isabel barely left a scratch on Wall Street, defaults on mobile-home loans forced the Federal Home Loan Bank of New York to suspend dividend payments. At the same time, mortgage giant Freddie Mac faces an SEC fraud investigation after three years and $4.5 billion of distorted earnings. Unlike Tyco or Worldcom, who created profits out of thin air, Freddie manufactured losses to cover up the fact that things were too good. Is this what the federal government had in mind when it chartered the financial institution in 1970?
The feds, if not myopic, are magnificently inept. This White House, in particular, has a gift for transforming middling success into abject failure. Take Afghanistan: one Islamic chaplain and pair of translators and are in custody after prisoners in Guantanamo Bay turned them from Pentagon employees into Al-Qaeda recruits. The quagmire of Iraq speaks for itself, but has become a more egregious example given the surreptitious disclosure that the wife of diplomat Joseph Wilson was working undercover for the CIA as an expert in weapons of mass destruction.
The administration, apparently, sought to disgrace Wilson because he publicly challenged the President’s exaggerated claims of Saddam’s weapons capabilities. No uranium from Africa, no WMD’s at the ready, no truth in the State of the Union address. Given Valerie Plame’s resumé, one would conclude that Wilson’s case has been fortified, not degraded. But that’s just the way these bunglers work. The Justice Department, eschewing a special prosecutor, is investigating the leak, pouring over phone logs and email files. The White House wants anyone with pertinent information to step forward or at least to have the decency to commit suicide.