Companies pay researchers to produce biased science. Then, they tell people to look into it themselves, knowing people will find the slanted research the industry paid for.
“Zheng Wei is a fairly common Chinese name. A tennis player, a movie director, an archaeologist, and multiple Chinese-American academics all share that name. So do an inventor at the consumer drone company DJI and a professor at China’s National University of Defense Technology.
And the U.S. government mixed up the last two people, with serious consequences, according to a recent lawsuit by DJI. The drone manufacturer is suing the U.S. Department of Defense for designating DJI as an arm of the Chinese military”
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“Similarly, the Pentagon claimed that DJI software engineer Zhang Tao was listed on a patent for a temperature-sensing device designed by China’s Military Science Academy. Again, DJI provided a declaration from its own Zhang Tao stating that he is not the same person as the Military Science Academy’s Zhang Tao.”
“In fact, most federal criminal prosecutions are immigration, drug and gun cases. The largest numbers of federal inmates are in custody because they were convicted of drug, weapon and sex offenses. The story is similar in state prison systems, where roughly 90 percent of the inmates are in custody because they were convicted of a violent offense, property crime or a drug offense.
The legal system is far from flawless — and plenty of Americans sincerely believe that there are too many laws and regulations in the country — but Gorsuch’s selective and misleadingly presented case studies do not tell us anything particularly useful about it.
To be sure, there are some redeeming features of the book. Gorsuch criticizes occupational licensing requirements, the exorbitant cost of legal services in this country and the ways in which they burden working- and middle-class Americans.
But what’s left out of the book is often just as instructive — if not more so — than what’s in it. His interest in government overreach stops short when it comes to liberal causes.
In an anecdotal book about overzealous prosecutors, there are no stories about people being sent to prison because they mistakenly tried to vote when they weren’t eligible or about laws that make it illegal to give voters water while they wait in line. There are no stories about women being arrested because they had miscarriages, part of the ongoing fallout from the decision by Gorsuch and his fellow Republican appointees to overturn Roe v. Wade.”
“What is really different — and dangerous — about today’s justices is not partisanship, but rather a cognitive trap that Nobel Prize-winning psychologist Daniel Kahneman has called the “most damaging” of all human biases: overconfidence. Put simply, today’s justices possess a frightening degree of certainty that they can alone answer society’s most pressing problems with just the right lawyerly argument.
The roots of this certitude developed, perhaps surprisingly, from a noble place. When confronted with legal challenges to a slew of racially discriminatory laws in the mid-20th century, the justices needed the ability to proclaim those laws inconsistent with our Constitution’s one, true meaning. For good and important reasons, that is exactly what the court did.
But the power to declare the law’s meaning — and to override democratically enacted policies — is seductive. High constitutional theories such as living constitutionalism and originalism were advanced to justify judicial intervention in disputes ranging from guns to abortion and religion to the death penalty. And our overconfident Supreme Court was born.
The evidence of this overconfidence is everywhere around us, and it affects both sides of the political spectrum. One rough measure is the frequency with which the court overrules the judgment of our nation’s elected lawmakers. Whereas the court struck down less than one act of Congress per year between 1788 and 1994, the court has invalidated an average of more than three federal laws per year since then.”
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“Perhaps most significantly, the court’s overconfidence problem is apparent in its opinions. In overturning the right to abortion, for example, Justice Samuel Alito’s opinion declared that the legal reasoning embraced by respected jurists such as Sandra Day O’Connor, Anthony Kennedy, and Thurgood Marshall was “far outside the bounds of any reasonable interpretation.” Never mind that the “most important historical fact” on which Alito rested his own conclusion — the number of states that banned abortion in 1868 — was riddled with historical inaccuracies.
Opinions reaching liberal results often reflect overconfidence bias, too. In Kennedy v. Louisiana, for example, the court struck down the death penalty for cases of aggravated child rape. Although the Constitution was far from clear on the matter and elected officials had reached differing views, a bare five-justice majority wrote that “in the end,” it is “our judgment” that must decide “the question of the acceptability of the death penalty.””
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“Overconfidence bias has led to the court’s legitimacy crisis by unleashing the justices’ underlying partisan instincts. Humble justices can overcome those instincts by admitting uncertainty and deferring to others.”
“Whatever you think of Donald Trump, we know what Carlson thinks, thanks to private communications that Dominion Voting Systems uncovered through discovery in its defamation lawsuit against Carlson’s former employer, which agreed to pay $788 million rather than defend its promotion of Trump’s stolen-election fantasy. “There isn’t really an upside to Trump,” Carlson said in a January 4, 2021, text message to his staff, describing “the last four years” as “a disaster.” Back then, Carlson was eager to be rid of Trump: “We are very, very close to being able to ignore Trump most nights. I truly can’t wait. I hate him passionately.” The day after the January 6, 2021, riot by Trump supporters at the U.S. Capitol, Carlson privately called him “a demonic force” and “a destroyer.”
But that was then. Carlson, like the GOP politicians whose phoniness he claims to despise, has adjusted to the reality that Trump remains stubbornly popular among Republicans. He is even willing to reinforce the election conspiracy theory that he publicly called unfounded and privately called a lie. Carlson’s current coziness with Trump was on vivid display Wednesday night, starting with the question of why the “far-and-away front-runner,” whose views are of such keen interest to voters, decided to skip the Republican debate in Milwaukee and any other similar forum in which he might have to defend those views or his record as president against competitors keen to make a dent in his commanding lead.
Trump’s answer was that felt no need to go through that ordeal, precisely because he is so far ahead. Why put up with “all these people screaming at me, shouting questions at me”—which Trump contradictorily claimed he “love[s] answering”—when he could sit down with an interviewer who is desperate to please him, especially in light of the criticism revealed in those embarrassing messages? Anyway, Trump said, he would probably get better ratings “using this crazy forum” than he would on Fox News, which televised the debate that he skipped. “I’m grateful that you did,” Carlson replied.”
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“Trump said Biden “is worse mentally than he is physically,” as evidenced by the fact that he “can’t put two sentences together.” Trump, by contrast, can put many, many sentences together, but they do not necessarily make sense, bear any logical relationship to each other, or stand up to critical scrutiny. Fortunately for Trump, Carlson was offering none of that.”
“The other problem with the “Americans want unbiased news” argument is a truth-in-labeling problem. It’s not that “Americans” think news is biased; it’s people who lean Republican. Democrats, by and large, think the news they get from existing outlets is reasonably trustworthy, as this helpful YouGov poll — which replicates a similar one conducted a year ago — spells out. It’s Republicans who distrust almost all outlets that aren’t explicitly aimed at them, like NewsMax. And even the Messenger’s own poll that purports to show a hunger for unbiased news underscores this: 55 percent of Democrats think coverage of their own party is fair — but only 19 percent of Republicans said the same.
Fox News, of course, figured this out from the get-go: That’s why their “fair and balanced” pitch actually means “news you’ll like if you’re on the right side of the political spectrum.” And that’s not what CNN and the Messenger say they’re selling.”
“On Jan. 4, 2021, Fox News host Tucker Carlson was done with Donald Trump.
“We are very, very close to being able to ignore Trump most nights. I truly can’t wait,” he texted an unidentified person.
“I hate him passionately. … I can’t handle much more of this,” he added.
By this time, Fox News was in crisis mode. It had angered its audience when it correctly said Joe Biden had won Arizona in the presidential election. Executives and hosts were worried about losing viewers to upstart rivals, most notably Newsmax.
The private comments were a far cry from what Carlson’s viewers were used to hearing from the stalwart conservative host on his prime-time show every night.
“We’re all pretending we’ve got a lot to show for it, because admitting what a disaster it’s been is too tough to digest,” he wrote in another text message, referring to the “last four years.” “But come on. There isn’t really an upside to Trump.””
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“In a group text chain from mid-November, Hannity, Ingraham and Carlson complained about their news colleagues and the network’s decision to call Arizona in favor of Biden. Fox News was the first network to do so, and the call was accurate.
“Why would anyone defend that call,” Hannity asked.
“My anger at the news channel is pronounced,” Ingraham said later in the exchange.
Carlson piped in, saying: “It should be. We devote our lives to building an audience and they let Chris Wallace and Leland [expletive] Vittert wreck it. Too much.”
Wallace and Vittert were Fox News hosts and anchors at the time.”
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“In a conversation with Fox News journalist Chris Stirewalt on Dec. 2, 2020, about a month after the election, Bill Sammon, who was then the network’s managing editor, lamented the state of the place they worked.
“More than 20 minutes into our flagship evening news broadcast and we’re still focused solely on supposed election fraud — a month after the election. It’s remarkable how weak ratings make good journalists do bad things,” Sammon said.
Stirewalt added: “It’s a real mess. But sadly no surprise based on the man I saw revealed on election night.”
Sammon replied, “In my 22 years affiliated with Fox, this is the closest thing I’ve seen to an existential crisis — at least journalistically.””
“The FEC said it has now closed its file on the issue.
“The Commission’s bipartisan decision to dismiss this complaint reaffirms that Gmail does not filter emails for political purposes,” Google spokesman José Castañeda said. “We’ll continue to invest in our Gmail industry-leading spam filters because, as the FEC notes, they’re important to protecting people’s inboxes from receiving unwanted, unsolicited, or dangerous messages.””