Category Archives: Law

Another Amicus Brief

This one is from Steve McIntyre:

In the end, an objective review of these reports quickly reveals their flaws and omissions. As The Atlantic has noted, competent investigations into these issues could “have been a first step towards restoring confidence in the scientific consensus. But no, the reports make things worse. At best they are mealy-mouthed apologies; at worst they are patently incompetent and even wilfully wrong.” Given this accurate assessment, the reports cannot serve as the basis for a “clear and convincing” finding that the Appellants had serious doubts about the alleged falsity of their statements.

It nicely complements the one from Judith Curry. I’m told to expect one more from the other amici who supported us the last time; they got an extension until Monday.

Lawsuit Update

Tomorrow is the deadline for filing amicus briefs on our behalf. Judith Curry has filed another one. I haven’t read it yet, but I expect it to be good.

[Update a while later]

Reading through it, it would seem to make a strong case for her own defamation, though she’s above that.

[Update late morning]

Some thoughts on “alternate facts” in the climate debate:

My tweet asked the climate scientists on my feed whether they agreed with the statement specifically the use of the word “all”. My expectation was that a reasonable core of climate scientists would agree that Dr. Mann had overstepped the science. This was not the case. Instead, what I got was overwhelming support for Dr. Mann with not a single non-skeptic initially commenting negatively. It was as if Dr. Mann was the pope and the climate community his congregation. Nothing he said could be considered to be anything less than the truth, even if it took huge convolutions of logic to make it true. In the last couple weeks the term “alternative facts” has entered our lexicon. Well in the next few paragraphs I want to unpack Dr. Mann’s “alternative fact” and see if it is indeed defensible. Then I will go into what I feel this means for the climate change debate.

RTWT.

First-Amendment Rights

..of public employees: A quick cheat sheet.

What I found amusing about the tweets from Badlands National Park yesterday (which were cheered by the supposed fans of “science”) were how either they weren’t “scientific facts” (no, it is an opinion, not a fact, that last year was the “hottest on record”) or trivial and irrelevant chemistry (“A gallon of gasoline puts X pounds of carbon into the atmosphere when burned). But I was also amused at the concern that the employees who had done so had probably been fired.

[Update a few minutes later]

Here’s the story for those who don’t know what I’m talking about.

Our Petition For Rehearing

We’ve requested a rehearing en banc (that is, the full court) by the DC court of appeals on the mistaken ruling in December of a division of that court. Amici (and I’d expect at least as many as the last time) have another week to file.

[Late-morning update]

Cato has filed an amicus brief:

Political thinkers would certainly like to believe that historical analogies are integral to expressing their views on important political choices. Just in the last year, one candidate for office has been compared to Hitler, 21 Hitler, 22 Hitler, 23 Hitler, 24 and Mussolini. 25 Indeed, that public figure was so annoyed by this criticism that he threatened to “open up the libel laws” to prevent such speech in the future. Luckily for him, the division’s decision has done this work for him.

I don’t think they realize what a can of worms they opened.

[Later-afternoon update]

National Review has also filed a petition.

Obama’s “Scandal-Free Administration”

As regular readers here know, it’s a myth:

All of these scandals were accompanied by a lack of transparency so severe that 47 of Mr. Obama’s 73 inspectors general signed an open letter in 2014 decrying the administration’s stonewalling of their investigations.

One reason for Mr. Obama’s penchant for secrecy is his habit of breaking rules—from not informing Congress of the dubious prisoner swap involving Sgt. Bowe Bergdahl and the Taliban, to violating restrictions on cash transfers to Iran as part of a hostage-release deal.

The president’s journalistic allies are happily echoing the “scandal-free” myth.

If it was “scandal free,” it was only because the anointed media refused to report it honestly.