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Wherein George Soros wastes his money

At Media Matters, David Lyle is critical of my post about Michael Greve's new paper. But he exhibits no evidence of having read Greve's paper: he just asserts that it's wrong, without addressing the Commerce Clause issues Greve raises, much less the century and a half of Supreme Court precedent Greve discusses in support of his contentions.

Lyle is also critical of me because I correctly noted that the Court is not pro-business by any reasonable qualitative standard by... asserting the same flawed quantitative statistics that I had previously refuted as meaningless. Does Lyle address that refutation? Nope! He just repeats the assertion and pretends I never said anything about it, incorrectly insinuating that I was unaware of the argument.

Lyle does point to AT&T v. Concepcion and the unanimous decision in Wal-Mart v. Dukes, though he has no criticism of these decisions other than the result that they came out the way the Chamber of Commerce wanted. Of course, these are examples of the Supreme Court correctly applying the law to reverse the anti-business Ninth Circuit; in both instances, the decisions are good for consumers and employees, if bad for the litigation lobby special interest that Media Matters is for some reason mindlessly parroting. The fact that Media Matters has only snark on their side, rather than substance, is revealing.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.