“Most people in California know what a disaster legalization has been. Most people know that the black market still accounts for the majority of marijuana purchases in California. Most people (especially those who live outside the big cities) are well aware of all the illegal grow operations. What this series does is provide specific examples of the dangerous environment that still exists, full of threats, violence, and even murder.”
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“There is the assumption in these stories that the breakdown in the system is due to a lack of control and enforcement by police and regulators. The stories are reluctant to address the real sources: The extent of state and local taxes drive up prices, and the ability of local officials to decide who can participate in cannabis is a huge factor in the persistence of the black market. While the stories do bring up these issues to provide some context, they really don’t contend with how much of the California black market is a result of the exorbitant costs to do business legally in the state.
Instead, the illegal grow operations and unlicensed dispensaries are presented as a failure of enforcement.”
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“The real failure here is that the state and local officials have put in so many regulatory barriers and taxes that the market cannot function properly within the boundaries of the law. Illegal grow operations flood the market with cheap goods, and licensed operations can’t compete because they have to give so much money to the government. The same holds true for dispensaries.”
“Minneapolis is one test case. It eliminated parking minimums citywide as part of an update to its general plan in 2018. Crucially, the city also increased the maximum allowable size of apartments near transit and along commercial corridors at the same time. (The city also imposed some very unlibertarian parking maximums in some areas.)
The combination of those two reforms has kicked off a small boom in the construction of smaller apartment buildings, with most of those projects being built with less parking than had been typically required under the old rules.”
“A legal market with high taxes and overly stringent regulations is still a market in which people aren’t arrested and jailed. Rules can be loosened to what people will tolerate, as they have been elsewhere. But New York officials have yet to learn that markets function based on the choices of participants. The wishes of government regulators who want to use them as social-engineering tools and ATMs don’t really matter. Marijuana markets will thrive so long as there are customers to be served. The question is whether they will thrive in the open under light taxes and regulations, or underground to escape the heavy hands of politicians.”
“My son was born with severe heartburn and cried constantly—and the baby formula on the shelves only caused him more pain. At the suggestion of our pediatrician, we turned to a European goat milk formula that we hoped could soothe my son’s stomach until he grew out of his condition. But recently our orders were canceled, thanks to the Food and Drug Administration (FDA).
America’s baby formulas are incredibly standardized. The FDA claims that that’s safer, but those regulations mean that most formulas have multiple ingredients that could be allergens or irritants. Milk-based formulas in the U.S. also have soy ingredients like soy oil, as well as palm oil. And most American formulas have higher than average levels of iron, which can cause constipation. While many European brands are similar to American ones, you can find brands there that don’t contain so many possible irritants to a child’s sensitive stomach. We used Nannycare, and my son found it much more tolerable than its stateside competitors.
It’s impossible to say for sure why my English supplier suddenly decided not to sell formulas to a buyer in the U.S. But the timing of the cancellation provides a clue: It happened shortly after the FDA blocked a large amount of European formula from being sold, declaring that they did not meet the agency’s standards.
We are far from the only family that relies on European baby formula. Yet the free flow of perfectly safe goods into the United States is still extremely restricted. The agency’s strict rules about how formulas can be made limit options for children with medical issues and leaves parents with products that can cause their little ones pain.
Worse yet, these regulations are more driven by bureaucratic and political interests than by science. These products, after all, have not caused a wave of problems for European babies.”
“Fallout from the Supreme Court’s attack on federal climate regulations is spreading throughout the executive branch, creating legal uncertainty for rules on topics as far afield as abortion, immigration and even amateur auto racing.
Opponents of federal actions on pipelines, asbestos, nuclear waste, corporate disclosures and highway planning are also seizing on the logic of the court’s June 30 decision, which imposed sharp limits on the Environmental Protection Agency’s authority to regulate greenhouse gases.”
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“In their decision, the high court’s six conservative justices invoked what they called the “major questions” doctrine to declare that agencies such as EPA need explicit congressional approval before “asserting highly consequential power” over almost any policy area. But they did not offer a precise definition of what would cause a regulation to qualify as major — a question that agencies and lower courts may now need to spend years wrestling with.”
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““If anything’s ambiguous at all, you get people challenging on major questions grounds, and you have to go find out if Congress gave you an extra clear statement,” said Nathan Richardson, a law professor at the University of South Carolina. He called it a reversal of the long-standing tradition of courts deferring to agencies’ policy expertise. “It’s not deference, it’s anti-deference.””
“The U.S. Supreme Court ruled..in the West Virginia v. Environmental Protection Agency that it “is a major questions case.” As such, the Court ruled 6–3 that the Environmental Protection Agency (EPA) did not have clear authority from Congress to regulate the entire U.S. electric power production industry through exercising “unheralded power representing a transformative expansion of its regulatory authority in the vague language” in a rarely used section of the Clean Air Act. This decision will likely curtail future efforts by the Biden administration to significantly cut the emissions of carbon dioxide from fossil-fuel-burning power plants that contribute to man-made global warming.”
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“So what is the major questions doctrine? “The Supreme Court has declared that if an agency seeks to decide an issue of major national significance, its action must be supported by clear statutory authorization,” explained the Congressional Research Service in a recent analysis. Certainly, the huge costs imposed by new regulations that are not clearly authorized by Congress would seem to qualify as an issue of national significance. In fact, in his majority opinion, Chief Justice John Roberts notes, “EPA’s own modeling concluded that the rule would entail billions of dollars in compliance costs (to be paid in the form of higher energy prices), require the retirement of dozens of coal-fired plants, and eliminate tens of thousands of jobs across various sectors.””
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“In her dissent, Associate Justice Elena Kagan counters by pointing out the Obama administration’s EPA calculated that by 2030 the annual public health and climate benefits of proposed regulations under its Clean Power Plan would be between $34 to $54 billion while the costs would amount to $8.4 billion. While electricity would cost more, consumers would save $7 monthly on their electric bills due to increased energy efficiency. A 2016 study in the journal PLOS One similarly found that the health co-benefits outweighed the costs incurred from reducing carbon dioxide emissions.
Despite the fact that the benefits of costly and transformative regulations might outweigh their costs that still does not mean for the Court’s majority that their issuance is not a major question requiring clear direction from Congress before going forward.
“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,'” concludes Chief Justice Roberts. “But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in [the Clean Air Act]. A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.””
“There’s a clear lesson emerging from the first cities that have legalized “missing middle” housing. The more rules you lift on the construction of these two-, three-, and four-unit homes, the more you’ll actually see built.
San Francisco politicians have absorbed this information and are now using it for evil. On Tuesday, the San Francisco Board of Supervisors passed an ordinance theoretically legalizing fourplexes in the city’s lowest density neighborhoods, but only under conditions that will ensure almost none of this housing actually gets built.”
“Gun controls that look sensible in theory frequently fail in practice, either because they are ill-suited to prevent mass shootings, do not apply, or were not enforced. That does not mean such laws have no effect on violent crime. But it does mean that Americans should be skeptical when politicians tout the lifesaving potential of a particular policy, especially when it also has the potential to deprive innocent people of their constitutional rights.
The New York Times notes that the 21-year-old man who prosecutors say admitted to murdering seven people and injuring dozens of others in Highland Park on Monday “was known to police” because of two incidents in 2019. In April 2019, Reuters reports, police visited his Highland Park home in response to a 911 caller who said he “had attempted suicide.” That September, police returned in response to “alleged threats ‘to kill everyone’ that he had directed at family members.”
During the second visit, police asked the young man if he was suicidal, which he denied. They “seized a collection of 16 knives, a dagger and a sword” that belonged to the 18-year-old’s father, which they later returned to him.
Police did not arrest the son because they lacked probable cause to believe he had committed a crime. “There were no complaints that were signed by any of the victims,” Chris Covelli, a sergeant with the Lake County Sheriff’s Office, told reporters yesterday. But Highland Park police reported the incident to the Illinois State Police, which took no action.
State police offered two explanations for that. First, the future mass murderer at that point did not have a firearm owners identification card (FOID), which is required to legally buy or own guns in Illinois, and had not applied for one. Second, Reuters reports, state police “said no relative or anyone else was willing ‘to move forward with a formal complaint’ or to provide ‘information on threats or mental health that would have allowed law enforcement to take additional action.'”
The state’s red flag law, which took effect at the beginning of 2019, authorizes police as well as family members to seek a “firearms restraining order” that bars the respondent from purchasing or possessing guns. But if the future killer’s relatives were uncooperative, collecting evidence to support a petition would have been difficult, since the case hinged on their account of his words and actions.
Like the other states with red flag laws, Illinois gives people who are concerned that someone poses a danger two options. They can obtain an “emergency” order, which is issued without a hearing or notice, if a judge decides there is “probable cause to believe that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another.” Such ex parte orders last up to two weeks, at which point the respondent actually gets a chance to respond.
Alternatively, or when an ex parte order is about to expire, a petitioner can seek a six-month order, which requires a hearing. The standard at that point is “clear and convincing evidence” that the respondent poses “a significant danger…in the near future.” If an order is issued, it can be renewed for another six months based on a showing that the respondent continues to pose a significant danger.
The evidence that a judge is required to consider includes “threats of violence or acts of violence by the respondent directed toward himself, herself, or another.” That certainly seems relevant in this case. But again, police would have had a hard time presenting such evidence without the family’s cooperation.
Three months after his second encounter with police, the alleged killer, then 19, obtained an FOID. Because he was younger than 21, he needed the written consent of a parent or guardian, which his father supplied. A lawyer representing the father told the Times “his client did not believe there was an issue” and “might not have understood what happened with the knife seizure because it did not happen in his house.”
If the father had recognized the threat his son posed, he presumably would not have supported the FOID application, which would have prevented the killer from legally buying guns until he turned 21—i.e., last September. But in that case, the father probably would have been willing to file or support a red flag petition.
The other requirements for an FOID largely track federal restrictions on gun ownership, which among other things disqualify people with certain kinds of criminal or psychiatric records. None of those disqualifications applied.
For the same reason, the alleged murderer passed background checks when he bought several guns, including the Smith & Wesson M&P 15 rifle that police say was used in the attack, in 2020 and 2021. According to Reuters, “police said the only offense detected…during background checks was for unlawful possession of tobacco in 2016.” There were “no mental health prohibiter reports.”
In retrospect, it is easy to say that state police made a disastrous mistake by failing to seek a red flag order. Based on documentation of the two police calls, they might have met the probable-cause requirement for an ex parte order. But presenting clear and convincing evidence of a continuing threat to justify a six-month order was another matter. If no one with relevant knowledge was willing to come forward, it is hard to see how police could have satisfied that standard. And even if they had, the order would have had to be repeatedly renewed to block the gun purchases, the last of which happened two years later.”