One of the most important achievements of American law was the 1993 U.S. Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals — a landmark decision that allows judges to set up scientific review panels in federal litigation to keep junk science out of the courtroom. One Daubert panel played a pivotal role in stopping silicone breast implants litigation in federal courts.
Amongst its many implications, the decision established that so-called “expert witnesses” cannot just sit on the witness stand and recite their learned (and often corrupt) opinion just by citing “authority,” but rather must back up their statements with studies that specify the margin of error.
It is essential to understand that studies, in themselves, mean nothing unless they are accurate. Before you nod in agreement, consider that the overwhelming majority of the “studies” today have huge margins of error — so big, in fact, that they are completely useless from the scientific point of view. Environmental studies, all the studies on passive smoking, and most of the studies on exposure to “carcinogens” contained in a great variety of substances typically have immense margins of error, and they are absolutely a waste of time.
The debased standard of "statistical significance" merely suggests whether a study is self-refuting by definition. Many studies palmed off as "support" and "proof" of anti-freedom ideological points don’t even pass the self-refutation test. Furthermore, even results computed as "statistically significant" cannot lay any claim to practical significance, nor, again by definition, to determination of cause and effect: statistical association is not causation. Nevertheless the junk studies and false implications keep getting made by "researchers" and keep getting trumpeted by damn fool journalists.
Why all these junk "studies"? You know the answer: for political reasons. Activists and “public health” institutions must keep the flow of private and public money coming, and they do not hesitate to use fraud and junk science to stimulate public “consensus” stemming from fear. The Daubert decision put a dent in that immoral enterprise. For example, James Repace, antismoking junk master extraordinaire on passive smoking exposure, was once successfully challenged (and thrown out of court) as peddling junk science under the Daubert Rule.
Why are there smoking bans, then, since NO STUDY on passive smoking ever could satisfy the “Daubert standard”? The answer is simple: those who fight smoking bans waste money on suits framed on constitutionality and personal or property rights. They lose most of the time, and when they don’t, Antis come back later to eradicate whatever gain was made. This happens time and again. Potentially successful litigants are repeatedly and miserably counselled by ignorant or opportunistic lawyers not to tackle the science. So the criminal, trash science on passive smoking never gets challenged, and therefore it stands.
Now take warning: according to this piece by Steven Milloy which is totally unrelated to smoking, Daubert may not be there forever. The criminal enterprise of “public health,” its sympathizers, and all those who need to have their psychiatric condition checked — that is, the paranoia and the fear of living that are rampant today — are working hard to get rid of Daubert so that their attacks on industries and progress can proceed undisturbed in the name of “health and safety” society engineering. A quote from the article:
" ‘There have been enough warning signs about the dangers of this chemical [BPA] that we cannot sit idly by and continue to allow vulnerable children and infants to be exposed,’ Sen. Schumer [NY] said."
In reality the demonstrated danger to children from BPA appears to be zero, but as we know, that does not matter when ideology, psychiatric conditions, and emotions are involved. The witch hunt must continue with the all the zealotry of a Holy Inquisition until all heretics are eradicated, all “dangers” are uprooted, all evil progress and liberties are eliminated. The Antis are shrieking: "Death to Daubert, product of an evil era whose end is finally at hand. Health first of all. Truth can wait. Freedom can go to hell."
Do not stand for this. Join the fight.