Perverting the Legal System: The Lead-Paint Rip-Off

National Journal

As tort reformers and trial lawyers resume their arcane battles, the costs of and damage done by our burgeoning lawsuit industry are mounting up, all around us. The total dollar amount awarded in the 100 largest jury verdicts in 2002 was more than three times the 2001 total, reports The National Law Journal. The direct costs to society from the tort liability system jumped by an inflation-adjusted 11 percent from 2000 to 2001, to $205 billion-"the equivalent of a 5 percent tax on wages"-according to a study released on February 11 by the actuarial firm Tillinghast-Towers Perrin (whose clients include most large insurers).

The Case Against the Attacks on Bush’s Case for War

National Journal

Lots of smart people think that invading Iraq over the objection of, say, France would be a huge mistake. I can’t be confident that they are wrong, because the most important question-whether we will be in greater danger if we invade than if we don’t-turns on inherently speculative and debatable calculations and prognostications.

Do We Want Another 100 Years of Racial Preferences?

National Journal

During the Supreme Court’s private conference on the 1978 Bakke case, Justice John Paul Stevens said that preferences "might be acceptable as a temporary measure but not a permanent solution," according to John C. Jeffries’s 1994 biography of Justice Lewis F. Powell Jr. "Powell agreed. The problem was one of transition to a color-blind society. Perhaps, Stevens added, blacks would not need these programs much longer, but at this point Justice [Thurgood] Marshall broke in to say that it would be another hundred years. This remark left Powell speechless…. He recoiled from the prospect of generation upon generation of racial quotas."

Racial Preferences in Admissions: The Real Choice We Face

National Journal

The vast majority of Americans of all races say they oppose racial preferences in college admissions. But most of us would also be highly distressed to see a drastic drop in the number of black and Hispanic students at our top universities. A Supreme Court decision banning racial preferences would produce just such a drop.

Spying on Terrorists: Will the FBI Ever Be up to the Job?

National Journal

Among the signals that should have alerted the FBI well before September 11, 2001, that Islamic terrorists might be thinking of crashing airplanes into American buildings was the 1996 confession of a captured Pakistani terrorist named Abdul Hakim Murad. He and others had planned to blow up 12 U.S.-owned airliners over the Pacific Ocean-and he had taken flying lessons in the U.S. to prepare to crash a plane into CIA headquarters. The planned suicide flight was not included in the criminal charges against Murad, apparently because it had not ripened into a provable conspiracy. But surely a crack counter-terrorism agency would have gone on the lookout for any signs of similar plots by other jihadists.

What did the FBI do? It "effectively forgot all about it," asserted Sen. Richard C. Shelby of Alabama, who was the Senate Select Intelligence Committee’s senior Republican for the past six years, in an impressive 84-page brief last month calling for "radical reform" of the intelligence community. "Convinced that the only information that really matters was information directly related to the criminal investigation at hand, the FBI thus ignored this early warning sign that terrorists had begun planning to crash aircraft into symbols of U.S. power. Thus, rather than being stored [and] assessed and re-assessed in light of a much broader universe of information about terrorist plans and intentions over time, the Murad data-point. … slipped out of the FBI’s usable institutional memory." So it was that in the summer of 2001, it never crossed anyone’s mind at the FBI to see the accumulating evidence of possible Qaeda plans to crash planes into buildings as part of a pattern dating back for years.

Do African-Americans Really Want Racial Preferences?

National Journal

Now that Trent Lott has suppressed his nostalgia for American apartheid, vowed support for affirmative action "across the board," and thus fed the notion that racial preferences are what African-Americans want and need, let’s look at some countervailing evidence: In public opinion polls that are fairly worded, large majorities of African-Americans sometimes oppose-and lopsided majorities of other Americans always oppose-racial preferences in hiring, promotions, and college admissions.

Cheney’s Win Over the GAO Threatens Congressional Oversight

National Journal

At a time when presidential power is expanding inexorably to deal with unprecedented terrorist threats, aggressive congressional oversight is an essential check against abuse. And at a time when both the House and the Senate are controlled by the president’s party-and unlikely to push him hard for information-the role of Congress’s investigative and auditing arm, the General Accounting Office, is especially vital.

Big Brother and Another Overblown Privacy Scare

National Journal

Editorial writers and other guardians of privacy have had a field day with the reports that former Reagan National Security Adviser John M. Poindexter has come back as a cross between Dr. Strangelove and Big Brother. Poindexter is watching you, or soon will be, his detractors suggest, as they lovingly detail his 1990 convictions (later reversed on appeal) for his lies to Congress about the Iran-Contra affair. The Web site for Poindexter’s "Total Information Awareness" program at the Pentagon foolishly fans such fears, featuring the slogan "Scientia Est Potentia"-Knowledge Is Power-complete with an ominous, all-seeing eye atop a pyramid.

Spying By the Government Can Save Your Life

National Journal

One [FBI] agent, frustrated at encountering the "wall" [separating intelligence officials from criminal investigators], wrote to headquarters [on Aug. 29, 2001]: "Someday someone will die and-wall or not-the public will not understand why we were not more effective and throwing every resource we had at certain `problems.’ The biggest threat to us now, UBL [Osama bin Laden], is getting the most `protection.’ "-Opinion of Foreign Intelligence Surveillance Court of Review, November 18, 2002