1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.
Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.
2. The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.
I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.
Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.
Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading