Friday, March 17, 2006

This is an intervention Peg does not need

I think others have made the point, but why isn't Peg Lautenschlager's attempt to intervene in the Plan B lawsuit an example of using her office to obtain "a dishonest advantage" over her opponents?

What possible reason is there to permit the state of Wisconsin to intervene in a New York law suit challenging the actions of a federal agency? While its not uncommon for attorneys general to file amicus briefs in out of state cases of interest, that's not what she's trying to do. She's trying to become a party to the case. While I suppose the FDA's action affects people in Wisconsin, it affects people in other states in the same way. Why aren't the people who brought the case adequate to represent whatever interest is harmed by the unavailability of Plan B over the counter. If the FDA has been unreasonable in failing to allow Plan B to be sold alongside the breath mints, why can't the people who filed the suit make that case? The court should tell her to get lost.

How can you not conclude that the whole purpose of this is to fend off Kathy Falk's challenge from the left - using state resources to do it?

Of course I don't think she should be prosecuted for this but it does illustrate the futility of criminalizing the efforts of a public official to get reelected.

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