The Cato Institute
An op-ed in today’s NYTdescribesthe abysmal organ tranplant situation in the United States, where the demand for healthy organs vastly outstrips the supply. A snippet: There are 85,000 people biding their time [awaiting kidney transplant]… More than 4,500 of them died last year waiting...
Joe
Joe
isn't liberty based on the notion of self ownership? who then can justly tell you you can't sell your body parts before or after death? just supidity.
Joe
Joe
isn't liberty based on the notion of self ownership? who then can justly tell you you can't sell your body parts before or after death? just supidity.
The Cato Institute
Last year, the Supreme Court declared the D.C.’s gun control law unconstitutional(pdf). Now a federal appellate court has unanimouslydeclared that D.C. police’s aggressive”Neighborhood Safety Zone” (NSZ) checkpoint policy isunconstitutional(pdf)...
Rand
Rand
or any other checkpoints and general searches.
Christopher
Christopher
Including the internal immigration checkpoints.
The Cato Institute
The NY Times reports today on various state government efforts to regulate yoga classes by forcing instructors to obtain a government license. I’m not going to get into why government licensing is a pernicious racket here...
Linda
Linda
No racket. I just came from a class and the teacher or instructor shows you the poses. I can't see how you can do Yoga without someone. I also agree the gov is looking for another tax. Yeah, tea parties!
Robert
Robert
Of course it can be taught. It does not, however, need to be nanny state regulated. Caveat Emptor.
The Cato Institute
As we watch California struggle with abudget deficitlarger than the entire Iranian government’s budget, it’s worth exploring how the stategot there. The biggest contributing factor: a staggering collapse in educational productivity...
Roger
Roger
Interesting analysis and lets say it is correct.
1. Systemic problems like this are very easy to conceptualize a solution for that will be effective.
2. Getting these solutions in front of decision makers is impossible.

Therefore California and their political leaders DESERVE what they are getting.... Read More

Correlary: Stupidity is incurable.
Brian
Brian
Well said Roger!
The Cato Institute

The Cato Institute The case for doing nothing: How the government led us into the financial crisis http://bit.ly/49SvPV

Source: bit.ly
Jeffrey Miron is senior lecturer and director of undergraduate studies at the Harvard University Department of Economics and a senior fellow at the Cato Institute.
Sylvia
Sylvia
Everyone is not entitled to own a home unless an individual has the financial resources.
Geneva
Geneva
Anyone driving this buggy?
The Cato Institute
“[O]nce it is clear that a bill will be coming to the president’s desk, the White House will post the bill online,” White House spokesman Nick Shapiro told New York Times reporter Katherine Seelye for her June 22 story on President Obama’s “Sunlight Before Signing” campaign pledge...
Lia
Lia
I agree with Mike! That would at least make some sense....
Jeffrey
Jeffrey
If you want more common sense legislation to be passed, go to Downsize DC dot com and sign up so you can send petitions to you represetitives to pass responsible legislation.
The Cato Institute
AYouTube videothat catches Bob Chanin, retiring general counsel of the National Education Association, callingright-wing groups”bastards” for attacking his soon-to-be-former employer has recently been making the rounds...
Nathan
Nathan
We had no idea!
Robert
Robert
We need to get before the American people a proposal for a for-profit education system. It will be attacked, yet we need to start this conversation with the American people. If we have an open and honest discussion about the trillions of dollars already spent on publik edukation, what we have received in return for those dollars; and then contrast ... Read Morethat with a system which has an inentive to provide the consumer with a great product, then we will WIN this debate. Yet this discussion needs to start.
Nathan
Nathan
Agreed. I believe they have such a program in N.O. or at least something of that genre.
The Cato Institute
That’s not quite the point of T. X. Hammes’ article in the current Armed Forces Journal, but it’s pretty close...
Andrew
Andrew
imagining people in the pentagon reading off powerpoint slides in a meeting - that does not fill me with confidence.
Roger
Roger
@Daniel: Right on the money. It was also the cause for ignoring system design flaws in the Space Shuttles. A blue ribbon committee came to that exact conclusion.

Short version:
Smart analysis is hard to come by. But systematically ignoring it is common as dirt.
... Read More
I have a blunt friend that says it this way. Stupidity is incurable.
The Cato Institute
At The Quick and the Ed, Chad Aldeman disputes my assertionthat Duncan’s impact on Chicago public school achievement was near zero.To make his case, Aldeman cites the fact that scores rose during Duncan’s tenure on 3 out ofthe 4 available NAEP tests...
The Cato Institute
In a recent post, I noted how Department of Homeland Security secretary Janet Napolitano was “taking the national ID tar baby in a loving embrace.” Now the administration seems to be similarly embracing the E-Verify government background check system...
Thomas
Thomas
Is there any doubt the Dems would further this along? I am surprised as all hell the Bush admin didn't push it furhter themselves.
The Cato Institute
Education policy is far too rarely driven by facts or logic — they’re just too inconvenient, mucking up both uber-hyped “crises” and warm-and-fuzzy myths...
Kenneth
Kenneth
I don't care where the scientists are born, just as long as they get here. Unfortunately, the United States is becoming a less desirable place to live and work due to increasing taxes and regulations and our loopy immigration laws that turn away many foreign-born applicants, even after they complete their Ph.D studies!
Anna
Anna
There is no shortage of skilled and experienced engineers in the US. There*is* a shortage of well-paid jobs for engineers, scientists and technicians. Getting $50k annually for 3000 hours of work and minimal bennies, as many contact houses are offering, is not keeping people in engineering vs , say, teaching, where you work 1500 hours / year and make that same $50k after 10 years.
Ann
Ann
Our educational system sucks. So many great minds fail to become ignited in a system that has become a bloated bureaucracy. For those that actually complete an education in math or science - bravo!
The Cato Institute
In their desperate bid to findhalf a trillion dollars or so to fund a health care expansion, Democrats have no shortage of bad ideas. Indeed, theirnew idea is even worse than last month’sdastardlyplan tohike taxes on beer and wine...
Thomas
Thomas
higher taxes on beer, wine, smokes; legalize weed and tax that, tax each toilet flush, each tp square, and eventualy every fart in America. The big gov is going to have to find new ways to tax regular daily life. It's kinda like medieval England or a mafia controlled neighborhood.
The Cato Institute
The AP and other sources have been reporting on a “cyberattack” affecting South Korea and U.S. government Web sites, including the White House, Secret Service and Treasury Department. Allegedly mounted by North Korea, this attack puts various “cyber” threats in perspective...
Matthew
Matthew
You know DC just wants real politics to be something closer to Neuromancer. Can't blame them for trying, right?
Lynn
Lynn
When your First Lady has such marvelously toned arms, who cares if a hostile nation can bring down your government's computer system? Priorities!
The Cato Institute
CBS News reports that if you choose Obama’s government-run health plan, youmay be able to keep your doctor, but your doctor might not want to keep you. CBS sat down with Cato health care expert Michael C...
Anne
Anne
Well living past 75, bedridden incontinent and senile is no bargain for anyone either. Living longer is not always better.
Brett
Brett
As I understand, Cap & Trade has not yet made it through the Senate, and a massive overhaul of health care has yet to take place and may not take place at all. Stop being such a bunch of fatalistic pussies willing to bend over and quietly take it while Socialists give you the shaft. Even if it's a battle you're destined to lose, you can at least know you raised hell while you had the chance ....
The Cato Institute

The Cato Institute The Fed has become like a large fire department that has a fixed percentage of its employees who are arsonists, so as it gets bigger, there are always more fires. http://bit.ly/NpZdt

Source: bit.ly
Why is it that those who specialize in individual athletic events hold almost all the records as contrasted with those who compete in the same events as part of a pentathlon? Like the athlete who tries to do everything (or at least five things), the Federal Reserve (the U.S. ...
Arlene
Arlene
To much government and laws...simplify all of it and you'll see how much there is to go around.
Charles
Charles
end the fed, control inflation
The Cato Institute
On my way into work this morning, I heard a report on the radioabout a proposal in California to tax marijuana in order to alleviate the state’s budget meltdown...
The Cato Institute

The Cato Institute Podcast: What the Ricci case means for the Sotomayor nomination http://bit.ly/ZkRqg

The Cato Institute
I’ve written about PASS ID here a couple of times before - first on whether or not it’s a national ID and, second, on the politics of this REAL ID revival bill. Now I’ll take a look at whether it fixes the privacy issues with REAL ID. Privacy is complicated. Buckle up...
Arlene
Arlene
Ed, Your two conditions is how my great-grand parents got in thou Ellis Island. There is no shame in that! Another condition was that they learn English and speak it in public. Jobs weren't available to them if English isn't understood and written. Remember the old X for signature well now it should be fingerprints.
Alicia
Alicia
Big brother is watching...
The Cato Institute
Normally I would be happy to leave labelling decisions to retailers and manufacturers, but here’s a proposal for a new mandatory labelling scheme that I can get behind. James Gibney, a reporter fromthe Atlantic, called me last week to ask somequestions aboutdairy supports...
Steve
Steve
It's about transparency on the govt, for us. Almost anything that is government related, or taxpayer funded, etc... should have complete transparency IMO. This would be a great idea. Sicne we're being forced to pay for it -- we should know where our money is going so that we act accordingly.
Arlene
Arlene
Logan that was the funniest read here yet...I bet they wouldn't do it. But to agree with Barha up top, I'd support defense also.
The Cato Institute
For seven months, Secretary of Education Arne Duncan and the media have bombarded us withtales of how Duncan dramatically boosted student achievement as leader of Chicago Public Schools. Based on two newindependent analyses,Duncan’s real impact appears to have been near zero...
David
David
It really is sick when they get a bunch of morons together in one place and at one time and they all really think they are doing good. Sad thing is they all lied to get there and they are doing nothing but causing the rest of us grief.
Virginia
Virginia
I'd be way happier if I could think that at the end of this 1st (I hope only) term, the admin would be similarly judged as having had near zero impact. Sadly, the damage is already being cast in concrete, and will be substantial --- health-care, cap-and-trade, SCOTUS, education, business, innovation --- there's no place to hide. I think I heard someone ask "Who is John Galt?"
The Cato Institute
Here’s a roundup of bloggers who are writing about Cato research, commentary and analysis. If you’re blogging about Cato, let us know...
Pradheep
Pradheep
Along with Heritage, one of the best informational sites around.

http://neoavatara.com/blog
Tabatha
Tabatha
I blog using reference to CATO, Heritage, CNS News and other sources.
The Cato Institute
The UK has been operating in parallel to the United States on the national ID question, and rumors about the collapse of the UK national ID have been circulating for a couple of years. Now comes word that Home Secretary Alan Johnson will scrap the national ID card system, making it voluntary...
Tabatha
Tabatha
Here is a link to a website...the site kinda tells it like it is
www.climatecooling.org
Shirley
Shirley
Crap and Trade says it all......I am going to drive the biggest *&*^& car I can find......just to be a bad child....Once when I was filling my Chrysler Aspen up, someone at the QT asked me how I was paying to fill it up with the prices going up.....I looked at them and said "Work." So they pointed out the upwardly mobile prices of that time, and I said, "More Work"...they gave up on conversation with me........
The Cato Institute
You know all those promises that spending more taxpayers’ money on some program will actually result in taxpayer savings — eventually...
John
John
Well people you got what you asked for . You wanted change you got it now live with it
John
John
You know there are always con men willing to say this will save you money down the road, this is a wise investment, well remember this, Uncle Sam has run the largest Ponzi Scheme ever, it is called Social Security and the "trust" fund which, oh by the way they forgot to mention contains no cash, only 4 trillion dollars in IOUS stashed there during... Read More the last 40 years while all the money paid in that did not get paid out that year was spent on anything else to reduce the size of the budget deficit. And why wasn't the transfer of 4 trillion dollars included in the federal budget deficit, because Congress chose to call monies transferred from Social Security payroll taxes into general fund at US Treasury and intragovernmental transfer. Not really what Kerry or anybody else was saying when they talked about a soSo Why should I beleive Obama or any President is going to find 300 billion dollars in savings in healthcare. Show me the money before we add a single person to Medicare basically.
The Cato Institute

The Cato Institute How the left could win the debate over health care reform.

Source: bit.ly
I’ve been struggling with how to respond to an article by The New Republic’s Jonathan Chait, who accuses conservatives of hypocrisy and Republicans of whorishness when it comes to wasteful spending ...
Jeff
Jeff
Cincinnatus is long dead.
"Public Servents"? hmp.
Vasos
Vasos
Insurance, private or public, is the problem. It started with FDR WPA avoidance. And employer and individual insurance have to be taxed the SAME. The only insurance I could see working is capitation reinsurance for doctors. My granpa used to give his doctor cousin a goat every year to care for ten. If they got sicker than goat cost, doc paid/lost. ... Read MoreRegardless of what insurance (home, car, health), I always get fleeced. Only the salesman benefits. And they never KNOW what they are selling. CDS was no exception. I tried to buy $7.5K deductible with no HSA and they would only sell me <$2.5K or >$25K, yet Milton Friedman and RAND said decades earlier my amount (inflation adjusted) was right. Pay for your own dentist and you'll get long lasting amalgalm or just pull it instead of planned obsolescence porcelain bonding.
The Cato Institute

The Cato Institute Rhode Island looking into a drug decriminalization program.

Source: bit.ly
Criminalization of marijuana use never did make sense. Surely the results of the Drug War–billions of dollars wasted, tens of millions of regular users,millions of people arrested–have made it even more obvious that prohibition is a failure. And now,with the U.S. ...
The Cato Institute

The Cato Institute Obama is right when he says that the U.S. health care system needs reform. Here's a plan that will work.

Source: bit.ly
Michael D. Tanner is a senior fellow at the Cato Institute and coauthor of Healthy Competition: What's Holding Back Health Care and How to Free It.
The Cato Institute
Health care analyst Uwe Reinhardt takes on critics of the Obama administration effort to “reform” health care, pointing out that the free market is a form of rationing...
The Cato Institute
Although the regime in Tehranfinally succeeded in suppressingdemonstrations protesting the fraudulant elections, other voices are being raised in Iran in defense of democracy...
The Cato Institute
Visit an American embassy almost anywhere in the world and it is likely to be a large, hulking, ugly fortress. Both size and security are dictated by the U.S. government’s seeming attempt to be dictatress of the world...
The Cato Institute
Both President Obama and Sen. John McCain cited the Founders in their weekly radio addresses today, as they made the case for government actions that would have appalled those Founders...
Jerry
Jerry
§900 cont.-(Story's Commentaries 1833)

Aristotle, in ancient times, upon a large survey of the republics of former days, and of the facile manner, in which they had been made the instruments of their own destruction, felt himself compelled to the melancholy reflection, which has been painfully repeated by one of the greatest statesmen of modern ... Read Moretimes, that a democracy has many striking points of resemblance with a tyranny. "The ethical character," says he, "is the same; both exercise despotism over the better class of citizens; and the decrees are in the one, what ordinances and arrets are in the other. The demagogue, too, and the court favourite are not unfrequently the same identical men, and always bear a close analogy. And these have the principal power, each in their respective governments, favourites with the absolute monarch, and demagogues with a people, such as I have described.
Jerry
Jerry
§ 901.-(Story's Commentaries 1833)

This dark picture...affords a warning, which, like all the lessons of past experience, we are not permitted to disregard. America, free, happy, and enlightened, as she is, must rest the preservation of her rights and liberties upon the virtue, independence, justice, and sagacity of the people. If either fail, the... Read More Republic is gone. Its shadow may remain with all the pomp, and circumstance, and trickery of government, but its vital power will have departed. In America, the demagogue may arise, as well as elsewhere. He is the natural, though spurious growth of republics; and like the courtier he may, by his blandishments, delude the ears, and blind the eyes of the people to their own destruction. If ever the day shall arrive, in which the best talents and the best virtues shall be driven from office by intrigue or corruption, by the ostracism of the press, legislation will cease to be national. It will be wise by accident, and bad by system.
The Cato Institute
I’ve been struggling with how to respond to an article by The New Republic’s Jonathan Chait, who accuses conservatives of hypocrisy and Republicans of whorishness when it comes to wasteful spending in Medicare and other government health programs...
George
George
The people that give Canada and the UK as great examples of medical care models, are not getting the whole story. One example is the higher incidence of mortality in women with breast care versus the US. Criticized for ordering "too many" mammograms and costly "CT scans", the current US system is saving lifes of women, where the UK is not. I can ... Read Moregive Medicare examples where decisions are made for bureaucratic reasons and not valid medical ones. Regulations end up costing taxpayers more money with little gain or justification.
David
David
exactly. They will hold a gun to your head as they clean out your wallet. They are not promising not to penalize people who do not sign up for their plan. They are blanetly standing there saying they will fine you $1,000 if you do not sign up. That is just the begining.
The Cato Institute
Yesterday, the SEC repealed a long-standing rule which allowed brokers to vote shares on behalf of their investors, unless they obtained written directions from each individual investors. While investors have long been able to direct the voting of their shares, many do not take the time to...
The Cato Institute
Andy McCarthy makes a good point over at The Corner about Laith al-Khazali, a member of a Shiite militant group responsible for the deaths of American troops in Iraq. Al-Khazali has been released, allegedly as part of negotiations with terrorists holding British hostages...
The Cato Institute

The Cato Institute The statist agenda behind the largest tax increase in American history.

Source: bit.ly
Why did a bare majority (219-212) of the members of the U.S. Congress vote for the largest tax increase in American history this past Friday, under the claim it was a vote to save the climate?
Bryant
Bryant
Mr Kilmartin : CO2 can in fact be looked upon as a harmful emission in as much as it contributes to atmospheric imbalance. And I am talking about industryial , not biological sources. Other pollutants associated with the burning of fossil fuels , coal in particular are even nastier. Just let me know how you feel about that coal plant when they ... Read Morewant to build it in YOUR backyard. Bottom line is that people are just going to have to get used to the reality of the cost of the energy we use in massive quantities.
Tim
Tim
This so called 'Climate' Bill will do noting but destroy the American way of life. Not suprising though, the Statists hate the American way of life, and now that they are in charge, are hell bent on destroying it. I hope we can last until November 2010.
The Cato Institute

The Cato Institute Don't be fooled. Here's why Wal-Mart wants the government to force employers to provide health insurance.

Source: bit.ly
A couple of years ago, I shared a cab to the airport with a Wal-Mart lobbyist, who told me that Wal-Mart supports an “employer mandate.” An employer mandate is a legal requirement that employers ...
Adrian
Adrian
There's always a catch when one of the largest corporations that has been criticized for not providing benefits for its employees, decides to support a socialist plan of medicine. Sounds like a sort of mob rule type of arrangement Obama and Wal-Mart are making here.
The Cato Institute

The Cato Institute Socialized medicine? Government-run health care? It doesn't matter what you call it. It's a bad idea.

Source: bit.ly
Michael Tanner is a senior fellow at the Cato Institute and coauthor of Healthy Competition:What's Holding Back Health Care and How to Free It.
The Cato Institute
Technically, it was the companies which raised their fees. But they didso to anticipate new legislative restrictions on fees taking effect. Congress wanted to cut costs for consumers, but ended up costing them instead...
The Cato Institute
Economists have advanced many theories of taxation. But as usual, the one that seems to explain the policies of the Obama administration best is what I call the Mikulski Principle,the theory most clearly enunciated in 1990 by Sen...
The Cato Institute
It’s fair to say that civil liberties and limited government were not high on President George W. Bush’s priorities list. Indeed, they probably weren’t even on the list. Candidate Barack Obama promised “change” when he took office, and change we have gotten...
The Cato Institute
The European Union has helped create a continental European market and knock down protectionist barriers, which is good. But it also has created another opportunity for meddling bureaucrats to interfere with people’s lives. Now consumer protests have led to at least one victory for liberty...
The Cato Institute
Mother Goose and Grimm, by Mike Peters, June 30.
The Cato Institute
The United States isgoingto cut back on airstrikes in Afghanistan, according to the newcommander there, Gen. Stanley McChrystal...
The Cato Institute

The Cato Institute "I am a firm believer in the power of the free market," -President Barack Obama. Now, for the facts...

Source: bit.ly
"I am a firm believer in the power of the free market," President Obama told the Wall Street Journal recently. The "irony" surrounding his public image as a collectivist, the president insisted, was that "I actually would like to see a relatively light touch when it comes to the government."
The Cato Institute

The Cato Institute Supreme Court comes down solidly for upholding the equal protection of the law. http://bit.ly/VVPBn #scotus #Ricci v. Destefano

Source: bit.ly
In its opinion today in Ricci v. DeStefano, the Supreme Court came down solidly for upholding the equal protection of the law.
Barbara
Barbara
And you are right, Peggy. Sotomayor's in as the next Supreme Court Justice. Vote is simply a formality.
Terry
Terry
I was happy to see how the Supreme Court voted - tight decision 5-4 - shows the importance of Supreme Court nominees.
The Cato Institute

The Cato Institute Hillary Clinton, a controversial film and a battle for free speech.

Source: bit.ly
The so-called Citizens United case offers the Supreme Court a chance to severely curtail the free speech abuses of the Federal Election Commission. John Samples, Director of the Cato Institute's Center ...
The Cato Institute

The Cato Institute Iraq "no longer America’s war." Let's hope Iraqis take advantage of the opportunity they now enjoy.

Source: bit.ly
The U.S. is not yet out of Iraq, but American forces have pulled back from Iraqi cities. Iraq’s future increasingly is in the hands of Iraqis. And most Iraqis appear to be celebrating.
The Cato Institute

The Cato Institute Wondering what this whole "cybersecurity" thing is all about? See it here.

Source: bit.ly
Last week, I had the opportunity to testify before the House Science Committee’s Subcommittee on Technology and Innovation on the topic of “cybersecurity.” I have been reluctant to opine on it because ...
Damon
Damon
We need to do something then about 'bulletproof' EULAs that are written to give all rights to the company, and none to the user.
The Cato Institute
The president and his appointees have expressed their hope that Government Motors will eventually pay backtaxpayers for their “forced investment” in the company. But there aren’t many cases ofthis sort oflemon socialism actually paying off...
Dustin
Dustin
Article I, Sec. 8 and the Fifth Amendment are Constitutional authority. Even if it was unconstitutional, it wouldn't be criminal, just invalid.

Bad policy, but not unconstitutional policy.
Anne
Anne
Well what I have heard is that we should stop looking at the GM situation as anything except a gigantic jobs program. We certainly have enough of those... and did you notice that Fords stock is going up !
The Cato Institute
Last week, I had the opportunity to testify before the House Science Committee’s Subcommittee on Technology and Innovation on the topic of “cybersecurity.” I have been reluctant to opine on it because of its complexity, but I did issue a short piece a few months ago arguing against...
The Cato Institute
The U.S. is not yet out of Iraq, but American forces have pulled back from Iraqi cities. Iraq’s future increasingly is in the hands of Iraqis. And most Iraqis appear to be celebrating. Reports the Washington Post: This is no longer America’s war...
Mike
Mike
its all their's-- we lost 4.324 brave men and woman, they better appreciate it. iof they don't take care of it themselves, we are NOT going back!!!!!
Sumit
Sumit
I highly doubt, Iraq will be able to maintain itself cut off from American tax dollars and the daily attacks will probably make even their oil useless to them.
The Cato Institute

The Cato Institute In celebration of Independence Day, all Cato Facebook fans can claim their free copy of the pocket-size edition of the U.S. Declaration of Independence and Constitution. For a limited time, it will be sent straight to your home, so get yours today! http://www.cato.org/pocket-constitution/

Source: www.cato.org
To celebrate Independence Day, the Cato Institute is giving away our popular Pocket Constitution for a limited time. Fill out and submit the form below to receive your copy.
The Cato Institute
The Obama administration performed another Friday afternoon Guantanamo news dump last week, indicating that it will probably maintain administrative military detention of combatants under a forthcoming executive order. This is unnecessary executive unilateralism...
The Cato Institute
Ricci is a victory for merit over racial politics—which is appropriate given that the ruling overturns a lower court panel that included Sonia Sotomayor...
Mike
Mike
This should have been a no-brainer. Is the second circuit the new ninth circuit now?
Jeff
Jeff
New London was supposed to be obvious, too.
Paul
Paul
Justice Ginsburg's discent was a joke and demonstrates my distain for liberals in general and liberal judges in particular. STOP legislating from the bench!! If you want to make laws then switch branches, otherwise, do what the judicial branch was intened to do, INTERPRET the law's Constitutionality. Don't interpret the law to your suit personal beliefs or conform to current norms!! And THAT's why Sotomayor scares me.
The Cato Institute
In its opinion today in Ricci v. DeStefano, the Supreme Court came down solidly for upholding the equal protection of the law...
Paul
Paul
Right Paula, I am an American, no hypen. I am not a Czech-American, or a German/Czech-American, or German-American, or European-American, I simply am an American. Can we please drop the damn hypens!!
Anne
Anne
The really sad thing is that no matter what the decision, some one would have sued.