"I fear to watch, yet I cannot turn away."
Surprisingly, Alito, Roberts and Scalia have thrown in with big government in yesterday's Wyeth ruling:
"The FDA has long known about the risks associated with [injected use of Phenergan]," Justice Alito wrote. "Whether wisely or not, the FDA has concluded – over the course of extensive 54-year-long regulatory proceedings – that the drug is 'safe' and 'effective' when used in accordance with its FDA-mandated labeling."
And we all know that the standard conservative view is that big government is infallible, right?
(Since the position that the FDA is infallible -- which is basically what Alito's arguing -- is inconsistent with the story that Conservatism has traditionally told about itself, I have to wonder if it's not just a stalking horse for the total annihilation of government oversight. "See? It didn't work in an absolutely perfect way! It required correction!!! That means it's useless!" Of course, if you take their view to be that the purpose of government is to reward players who are able to pay "market rate" for determinations in their interest (a.k.a. "buying regulation"), then you get the consistency back. Is that too cynical?)
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