While you may not care much about magnets this court decision is a win for everyone. The short of it is this: these really strong magnets are fun to play with and provide hours of entertainment for the bored. Some kids swallowed them and because they are so strong if they swallowed more than one they would actually stick to each other inside the intestines and require surgery to remove. Because of this they were banned. Businesses folded, people lost their jobs, and consumers didn’t have a choice to buy or not to buy.
Two years of fighting finally brought a decision from the 10th circuit court of appeals that overturned the ban. They are still dangerous if you swallow them but lots of things are dangerous. Now you have a choice to take that magnet danger or not.
The court ruled in part, “While the Commission is certainly free to rely on the emergency room injury report data set, it may not do so in a way that cloaks its findings in ambiguity and imprecision, and consequently hinders judicial review.” Meaning the so called commission didn’t use a great deal of fact in supporting the need for a ban. Doubtlessly there was a whole lot of emotion and protectionism, but not a lot of fact.
While this is a victory, it’s not the end. The court sent it all back to the commission which could ban them again. This is why I feel that only congress should be able to make such rules. They are in essence laws and laws can only be made by the legislature. While a commission can research and recommend, only congress should pass laws and the president must sign them. In this case I very much doubt this would have passed into law.
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