A striking aspect of this phenomenon of capture is its anonymity, at least as far as most commentary is concerned. PJMedia ran a series called Every Single One documenting the radical takeover of the Department of Justice, and describing the individual attorneys and their resumes, close connections between EPA and environmental groups have been documented, the names and faces of the IRS people have been publicized, and one can dig some names out of government notices and letters. But this information is largely ignored, and as far as the general media is concerned decisions are made by offices or bureaus, not by people....“Every once in a while, the Supreme Court will rebel against fictions,” DeLong writes, but most of the time we just accept the diktat of the downloaded code — and accept the fictions. Administrative law is just one mechanism. The media, academy, the entertainment industry — everybody — is selling you their narrow agenda. Suppose the president says there are only “lone wolves”. Then by gum, there are only lone wolves. Shouldn’t we in rational ignorance trust the president of the United States?
Deference to agency interpretation of law becomes an invitation to the staff to play games with the language, finding and exploiting ambiguities where none should exist. Judicial reliance on agency expertise triggers skewed analyses; staff knows how things are supposed to come out, and knows that no judge will contradict it technical conclusions. To the informed, EPA science and risk assessments have been jokes for a generation.
People who wonder how marriage went from an institution involving men and women to almost any combination conceivable in the blink of an eye, wonder at record winters in an age of ”Global Warming”, who ask themselves why their “Affordable Care” is so expensive and why the “free and open internet” has 300 pages of secret regulations; who puzzle over the identity of the masked attackers who attack centers of population every day are basically watching the effects of industrial scale entropy. They are watching knowledge — indeed common sense — being erased or obfuscated; destroyed at a rate that would defy the understanding of few guys wielding hammers.
The Belmont Club:
By Grim on Sunday, March 08, 2015