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Notes -
To be clear, I mean the institutions, because of the method. The institutions are more error prone than the method, but I'm arguing the institutions, on average, approximate reality better than legislators.
I never said it was. My argument is that it takes inordinately longer.
It is necessarily a precedent because thats how case law (but not science) works. Again, Skrmetti would more permanently and more broadly allow legislators, not doctors, to determine if any procedure is safe, beneficial, etc.
This is a non sequitur. Its still a false dichotomy because you can have a regulatory state, informed by or deferential to some degree of scientific consensus, and imo this is the lesser of two evils. One need not deny human nature to argue this. The argument anti-ideological. It inveighs against scienceism - which is anti-science exactly to the degree it exists.
The answer is irrelevant to the arguments I'm making because they commissioned science to be done, which is exactly what I'm arguing for. Science should not be conducted in the court room. I concede that science is imperfect. I'm arguing that its superior to the precedent set by Skrmetti because case law and consensus have different mechanisms.
I think its because there is an inherent tension between rationality/technocracy/utilitarianism/ whatever the fuck I'm arguing for, and freedom of thought, which I also argue for. I'd argue that the limiting principles on peoples beliefs are less bound by reality than expert belief. Exceptions prove the rule because you'd make money betting they're less frequent. Experts could recommend putting lead in the water, but my argument is that their epistemic processes will get the lead out of the water faster, on average, than public opinion/legislators which enshrine a leaded water program. However, expert consensus should not trump the will of the people. The reductio that people should be able to vote to put lead in the water, or reintroduce chattel slavery, or trans all the kids, strikes me as a potential problem.
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