Trump's Taxes in Play
The Supreme Court on Monday (02/22) declined to step in to halt the turnover of former President Trump's tax records to a New York state prosecutor. Vec and Mark discuss the latest updates in the prosecution of former President Trump in New York.
Milice v. CPSC
Later in the episode, Mark and Vec discuss Lisa Milice's case against the U.S. Consumer Product Safety Commission and its “secret” rules.
NCLA is helping Milice, a new mother, challenge CPSC’s practice of keeping consumer product safety standards hidden behind a private paywall.
Milice, a potential infant bath seat purchaser, asked CPSC to let her see a copy of its Safety Standard for Infant Bath Seats. The Commission responded that it does not allow people to see the Rule and directed her to buy a copy from ASTM International, a private organization that specializes in creating safety standards. ASTM charges $56.00 for a copy of the law—about twice the cost of an infant bath seat. According to CPSC, any person interested in viewing one of the Commission’s safety standards that has been incorporated by reference must pay the purchase price ASTM sets—a deeply arbitrary and capricious policy that allows a private organization to hold a monopoly over access to a binding legal standard.
NCLA argues that CPSC (or any other government agency, for that matter) cannot charge for access to the law because citizens are the government and the authors of the law—and the law in its entirety belongs to the citizenry. CPSC’s failure to make a copy of the Rule freely accessible to the public violated the requirement in the Commission’s organic statute that CPSC must publish the text of its rules. The Commission’s scheme also violates the Freedom of Information Act and the Administrative Procedure Act’s guarantees that materials incorporated by reference into agency rules be reasonably available to the public.
A video released this past week reveals Milice's fight to see the law. Watch it here: https://youtu.be/ToMiloTRIrU
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