IF YOU READ NOTHING ELSE THIS WEEKEND, MAKE IT THIS: Glenn highlighted it earlier today and for good reason. Attorney General William Barr’s Barbara K. Olson Memorial Lecture at the Federalist Society is a deeply thoughtful assessment of how unbalanced our three “equal and separate” branches of the federal government have become since the 1960s.
Consider this graph on the growing intrusions of the courts into the everyday decisions of living:
“In recent years, we have lost sight of the fact that many critical decisions in life are not amenable to the model of judicial decision-making. They cannot be reduced to tidy evidentiary standards and specific quantums of proof in an adversarial process. They require what we used to call prudential judgment. They are decisions that frequently have to be made promptly, on incomplete and uncertain information and necessarily involve weighing a wide range of competing risks and making predictions about the future. Such decisions frequently call into play the “precautionary principle.” This is the principle that when a decision maker is accountable for discharging a certain obligation – such as protecting the public’s safety – it is better, when assessing imperfect information, to be wrong and safe, than wrong and sorry.”
Barr may be President Donald Trump’s best appointment. If you doubt that, just keep scrolling through his lecture.