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29 November 2007

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Supremacy Claus

I agree with the criticisms in the article. Lempert has to address the great hunger among decision makers for data, to reduce their uncertainty.

He has to address the lawmaking as massive human experimentation.

All laws need pilot testing in a sequence of enlarging jurisdictions, and proofs of safety, effectiveness, tolerability of unintended consequences.

The people on this blog could run an FDA like institution to advise legal decision makers.

The current reliance is on the word, "reasonable," for guidance. It comes from St. Thomas Aquinas. It means, in accordance with the New Testament. If anyone argues, it does not violate the Establishment Clause by that meaning, then it is void for vagueness, It then means, the subjective feelings of the judge, violating Equal Protection clauses.

Subjectivity Lempert prefers is lawless in our secular nation.

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