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Cato Daily Dispatch for October 4, 2005

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Harriet Miers: The Unknown Nominee
Medicare Drug Program Confuses Seniors
Red-light Cameras Increase Motor Accidents

Harriet Miers: The Unknown Nominee

"President Bush's nomination of Harriet Miers for the Supreme Court splintered the Republican Party's conservative base, with reaction from key senators and groups ranging from hostility to silence to praise," according to the Washington Post. "Several right-leaning lawmakers and activists seemed bewildered by the choice of a relatively little-known White House counsel who has given money to Democratic candidates and who was recommended for the job by Minority Leader Harry M. Reid (D-NV)."

Roger Pilon, founder and director of Cato's Center for Constitutional Studies, says: "I know of nothing in Harriet Miers' background that would qualify her for an appointment to the Supreme Court. It is noteworthy that the White House chose to make this nomination two hours before the Supreme Court begins its new term under the direction of a new Chief Justice, John Roberts, thereby taking the spotlight from that critically important event in the nation's history. Among other things, that timing serves only to sharpen the contrast between the two nominees."

In "Cronyism," which appears in today's Wall Street Journal, Cato senior fellow Randy Barnett writes: "To be qualified, a Supreme Court justice must have more than credentials; [Miers] must have a well-considered 'judicial philosophy,' by which is meant an internalized view of the Constitution and the role of a justice that will guide her through the constitutional minefield that the Supreme Court must navigate. Nothing in Harriet Miers' professional background called upon her to develop considered views on the extent of congressional powers, the separation of powers, the role of judicial precedent, the importance of states in the federal system, or the need for judges to protect both the enumerated and unenumerated rights retained by the people. It is not enough simply to have private opinions on these complex matters; a prospective justice needs to have wrestled with them in all their complexity before attaining the sort of judgment that decision-making at the Supreme Court level requires, especially in the face of executive or congressional disagreement."

Medicare Drug Program Confuses Seniors

"Most seniors don't understand the new prescription-drug program being offered under Medicare and don't plan to sign up for coverage, even after months of salesmanship by the Bush administration," reports USA Today. "A USA Today/CNN/Gallup Poll taken last week shows 37% say they understand the program at least somewhat well, but 61% don't. Those figures haven't changed much from polls in July and August."

In the Cato Briefing Paper "Medicare Prescription Drugs: Medical Necessity Meets Fiscal Insanity," Jagadeesh Gokhale of the Cato Institute and Joseph Antos of the American Enterprise Institute argue that "Medicare spending is increasing at twice the rate of the gross domestic product, and, according to Medicare's chief actuary, the program is facing a breathtaking funding shortfall of $62 trillion -- nearly six times larger than the much -- discussed shortfall in Social Security. The newly enacted Medicare prescription drug benefit could cost more than $700 billion over the next 10 years and will only add to the program's financial woes."

According to Gokhale and Antos, "Congress should revisit the Medicare prescription drug program and insist on significant market-based reforms, not merely an ever-expanding array of benefits."

Red-light Cameras Increase Motor Accidents

"[Washington, DC's] red-light cameras have generated more than 500,000 violations and $32 million in fines over the past six years. But a[n] analysis of crash statistics shows that the number of accidents has gone up at intersections with the cameras," the Washington Post reports.

"Three outside traffic specialists independently reviewed the data and said they were surprised by the results. Their conclusion: The cameras do not appear to be making any difference in preventing injuries or collisions. 'The data are very clear,' said Dick Raub, a traffic consultant and a former senior researcher at Northwestern University's Center for Public Safety. 'They are not performing any better than intersections without cameras.'"

In "Drivers' Rights Abused in a Flash," Radley Balko, a Cato policy analyst, argues that red-light cameras should be about safety, but "[i]f they are punitive, the measures should give motorists due process; and there should be minimal potential for abuse." Balko writes, "[T]he most troubling thing about traffic cameras is the way city governments grow dependent on the revenue they generate. Bethesda, MD was caught shortening a yellow light at the city's most lucrative red-light camera, in an effort to squeeze more cash out of its motorists. When tickets dropped off from existing speed cameras in Washington, the City Council simply installed more, and raised the fines. Sacramento now charges motorists $351 for a single red-light violation."

Greg Garner, editor, ggarner@cato.org