Lawmakers to take up Scott Walker DNA proposal (Good Intentions Bad Policy)

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Madison — Wisconsin lawmakers are set this week to consider Gov. Scott Walker’s plan to take DNA from anyone arrested for a felony and anyone convicted of any crime.

Wisconsin currently collects DNA only from convicted felons and sex offenders. Walker’s executive budget lays out nearly $6 million for the initiative. The money largely would come from an existing $250 surcharge on felony offenders and a new $200 surcharge on misdemeanor offenders.

For starters being arrested for a crime felony or not you don’t forfeit your constitutional rights namely your fourth amendment rights.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

On conviction of a felony you do lose constitutional rights but only on conviction. Not for an arrest. You have to show probable cause to seize anything. Some people may say what’s the big deal if you have done nothing wrong.  Would you let them search your house simply because you got caught speeding?

This goes far beyond searching your house, they are taking a piece of you.  While they always make promises that it will only be used for criminal investigations history shows that the government never keeps those promises.  Putting your DNA in a database will eventually be used for other purposes.  Obamacare is a classic example, your DNA can be used to determine what diseases you may be prone to, you could be denied government jobs because of this, it could be used under Obamacare to determine how much money they will spend on healthcare based on what diseases you are prone to.  Demand probable cause before forfeiting your rights.


Letter to Governor Walker and Budget Committee

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My name is Marshall Keith and am an active Tea Party Member.  Your recent action as members of the budget committee is appalling and betrays every principle this country was founded on, namely the right of property and the right to own and run a business. Your action take against RYO machines amount to a regulatory taking without just compensation.

  I have a personal friend who is directly affected by this action, he mortgaged his house to buy two of these machines to the tune of $70,000 dollars. As a result of this he will more then likely lose both his home and his livelihood.


Do any of you think that sticking something like this in the budget even closely represents anything even closely related to Due Process?  I remind you all that you swore an oath to defend and uphold both the State and Federal Constitution, are any of you aware of these words from both the Fifth or Fourteenth Amendments “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”. How about these words from the state constitution  ”The property of no person shall be taken for public use without just compensation therefor”

 The vast majority of you ran on the Republican platform of limited government and individual rights yet use the same tactics that Governor Doyle used to strip property owners the right to use their property and cater to the clientele of their choice and enact what is essentially a “Jim Crow” type law when enacting the smoking ban.  He slipped it into the budget.

 Is this what you mean by limited government and freedom, because to me it seems that we have just replaced one statist regime for another.  I was active in the fight against the Recall against Scott Walker but recent actions, namely Walkers DNA proposal, his endorsement of the Marketplace Extortion Act make me regret that decision.

 Before you claim that it is about the evasion of taxes, it is not.  These RYO shops pay the draconian 70% of list price tax inflicted by the Doyle administration?  If they are considered manufacturers did you exempt them from this 70% tax in favor of the cigarette tax stamp?  Of course not, you caved to the lobbying interest of “Big Tobacco”, the convenience stores and the likes of Smoke Free Wisconsin.

 When election time rolls around again I will be working hard to get every one of you replaced in favor of candidates that actually believe in the principles of limited Government and property rights.

Marshall Keith

Committee Members

Senate Members​ ​Assembly Members
Senator Alberta Darling, Co-Chair​ Representative John Nygren, Co-Chair​
Senator Luther Olsen​ Representative Pat Strachota
Senator Sheila Harsdorf Representative Dale Kooyenga
Senator Joe Leibham Representative Dean Knudson
Senator Mary Lazich Representative Dan LeMahieu
Senator Glenn Grothman Representative John Klenke
Senator Jennifer Shilling Representative Cory Mason
Senator Robert Wirch Representative Jon Richards
Committee Clerk:
Joe Malkasian
Room 305 East, State Capitol
Madison, WI  53702
(608) 264-8314

Scott Walker the Traitor of the TEA Party Movement

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When Scott Walker ran one of the promises that he made was to repeal the smoking ban.  Not only did this ban violate the Constitution namely the takings clause of the fifth and 14th amendment. ” nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Mr Walker not only reneged on that promise, it appears that he is expanding the attack on smokers using the exact same methods that Comrade Doyle used to enact the ban.  The state budget. First here is Scott in his own words on the smoking ban.

Mr Walker has a multi-pronged attack on smokers in the budget.

The first is an attack on the owners of the RYO machines on page 435

17. Cigarette Regulation Updates
The Governor recommends defining organizations that operate roll-your-own cigarette rolling machines for public use as cigarette manufacturers. The Governor also recommends studying the use of additional cigarette stamping methods. The fiscal impact from the change in regulation of roll-your-own tobacco machines is an estimated increase in tax revenue of $1.4 million in FY14 and FY15.

Ignoring the fact that there will be no increase in revenue, actually revenue will go down as a result of smuggling, it is a matter of justice.  Should the books be balanced on the backs of smokers?

On the Freedom index Wisconsin rates towards the bottom we are the 12th worst, down two points from 2009.

Wisconsin performs below average in a number of personal freedom categories. The state has high victimless crimes arrest rates, though its drug enforcement rate is below average. It has the worst gaming laws in the country (social gambling is not allowed) and almost the strictest campaign finance laws. The state also performs below average on gun freedom and travel freedom. Home schools are regulated with some onerous notification requirements. Wisconsin has some of the best alcohol laws in the country, with taxes fairly low across the board. However, its cigarette taxes are very high and smoking bans are extensive. Wisconsin recently enacted a domestic partnership law. Its asset forfeiture laws score well (over one standard deviation better than average).

Policy Recommendations

  • Reduce the income tax burden while continuing to cut back spending through cuts in government employment and public employee benefits.
  • Pass a right-to-work law, whenever political conditions so allow.
  • Reform tobacco and marijuana regulations, using the state’s alcohol-friendly beer, wine, and spirits regulations as a model.

The second assault is on Government employees. On Page 167

The Governor recommends that the Group Insurance Board expand the current wellness program and implement a tobacco use surcharge for state employees beginning in calendar year 2014. The Governor also recommends increasing expenditure authority for supplies and services related to these wellness initiatives.
4. Modifications to Group Insurance by the Group Insurance Board
The Governor recommends a statutory modification that will allow expansions of group insurance coverage only if deemed cost-effective by the Group Insurance Board.
Employee Trust Funds 155

Of course it has been proven time and again that smokers cost society less not more so any surcharge is punitive and more “Nanny Statism” and not good policy.

The last is the funding of the very groups that lobby against smokers.  They do it under the guise of Quit lines but these lines are the very groups that lobby against smokers so any funding to them is direct funding to their lobbying efforts since it frees up their other money. Page 220

To support economic prosperity and quality of life, the department exercises multiple roles in the protection and promotion of the health and safety of the people of Wisconsin.
Note: Programs, goals, objectives and activities have been modified.
Program 1: Public Health Services Planning, Regulation and Delivery
Goal: Provide QuitLine tobacco cessation services for up to 8,000 BadgerCare Plus adults and First Breath face-to-face cessation counseling for up to 3,000 pregnant BadgerCare Plus members using financial incentives as a tool for increasing engagement in treatment and increasing quit rates.
Objective/Activity: Create structure and process to link BadgerCare Plus members in South Central and Northeastern Wisconsin to the QuitLine by January 2012.
Objective/Activity: Create structure and process to link BadgerCare Plus pregnant women in Southeastern Wisconsin to First Breath by January 2012.
Objective/Activity: Implement protocols for evaluation by March 2012. Evaluate effectiveness and return on investment of individual incentives on tobacco cessation by December 2015.

Of course the above is pushed by those who work in tobacco control and lobby for these laws.  What it does not show that the big pharma solutions that they push are not only ineffective but they fail to show their ties to the big pharmaceutical companies pushing them.

Again Nanny Statism is not a legitimate function in a constitutional government.

The tactics used by Scott Walker are identical to those of Comrade Doyle and one can only wonder how much this has to do with his wife’s ties to the American Lung Association.  From her bio page.

First Lady Tonette Walker

First Lady Tonette Walker was born and raised in Milwaukee, Wis.  She spent more than 20 years employed in the insurance industry before working for the American Diabetes Association. Currently, the first lady works in the development department for the American Lung Association.

Attack on Wisconsin RYO Shops Are an Attack on Liberty


In less than two weeks the fate of Wisconsin’s RYO shops will be in the hands of Wisconsin’s courts. While Neo-prohibitionist groups Like Smoke Free Wisconsin make the call “for the children” using questionable polls and out and out lies. It is time to inject some facts. These little RYO shops are not “Big Tobacco” most are middle class citizens just trying to make a living in these economic hard times. Some owners have even mortgaged their homes to start these little Mom and Pop shops. The claims that they are not paying their fair share of taxes is an out and out lie. The fact is that over 70% of the cost of their product is taxes. The closure of these places are not only an assault on low income smokers but on economic liberty. The draconian tobacco taxes are as un-American a the three Pence tax on tea which led to the Revolutionary war. But to shut down these little mom and pop shops will drive the business to SMUGGLERS.

This is what happens when an oppressive government tries to impose it’s will on the people. And it won’t be the heroic smugglers of history’s past like John Hancck the smuggling powerhouse of patriotic times. But the drug smugglers of the modern day prohibitionist era. One first has to remember what a smuggler has to offer. That is goods or services that Government tyrants want to either prevent or interfere with peaceable voluntary exchange among individuals. But worse is the illusion that it will protect the children flies in the face of the facts. This from a study in Canada where smuggling is prevalent.

TORONTO – Ontario’s Centre for Addiction and Mental Health recently released a study which found that contraband cigarettes were consumed regularly by half of underage smokers today. The study, conducted as part of the 2009 Ontario Student Drug Use and Health Survey, was the first that asked youth their source, and prevalence of use of cigarettes. Beyond the finding that 50% of youth smokers had smoked at least one contraband cigarette per day over the past year, the study also found that 43% of all cigarettes smoked by youth were contraband.

And in Europe they actually use teens in their trafficking.

Smuggling tobacco products to UK is getting so hugely profitable that smugglers even started to offer teenagers free trips to Spain in exchange for bringing cigarettes with them to the country.

According to UK Customs authorities, they are confiscating up to 50 million of smokes, and it becomes evident that criminal gangs are using teenagers to smuggle cigarettes into Britain by giving them flight tickets and money to have holidays in those European countries where cigarettes are less expensive.

Think that can’t happen here? It’s already happening!

One only look to out neighbors to the east.

MIDLAND — Michigan’s inbound cigarette smuggling rate was 10th highest in the nation in 2009, according to a Mackinac Center study released today. The report is an update of the Center’s 2008 cigarette tax and smuggling study,

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) have found that Russian, Armenian, Ukrainian, Chinese, Taiwanese, and Middle Eastern (mainly Pakistani, Lebanese, and Syrian) organized crime groups are highly involved in the trafficking of contraband and counterfeit cigarettes and counterfeit tax stamps for profit.

That next drive by shooting may be over cigarette territory. Forget Second hand smoke. think lead poisoning!

Anti-Smoking Gestapo Shut Down RYO


This morning I stopped at my favorite Tobacconist “Still Smoking” which opened up a meer tow months ago only to find that they were shut down by the Walker administration.  This is the same TEA party favorite who ran on free enterprise, limited government and even promised to repeal the government mandated discrimination against smokers.  In this move he has clearly shown that he is a true progressive in every sense.  If you partake in an activity that is not government approved you will be punished with punitive taxes.  If you operate a business that does not conform to the above premise you will be shut down.

Private property is exactly that.  Private, it does not matter that the owner invites the public in, it is still private.  James Madison is rolling in his grave.

John Adams

“The moment the idea is admitted into society that property is not as sacred as the laws of God … anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST”


James Madison “Government is instituted to protect property of every sort …. This being the end of government, that is NOT a just government,… nor is property secure under it, where the property which a man has … is violated by arbitrary seizures of one class of citizens for the service of the rest.”

Mr Walker has clearly shown that he does not care about business, personal liberty or the Constitution. This upstate business spent $45,000.00 for one rolling machine which is now reduced to a worthless paperweight. He also clearly believes that it is the government’s role to dictate lifestyles and human behavior. Is this the sign of a free society? Is this the limited government, free enterprise platform that he ran on??? Don’ worry fatties, you are next on the hit parade

A new study from the Urban Institute says that using anti-tobacco tactics to help fight obesity could raise $500 billion by 2019. As with tobacco, enforcing a 10% excise tax on fattening foods, revamping nutrition labels on packages, and limiting advertising and marketing of junk foods could all lower people’s consumption of unhealthy foods and prevent obesity. But will legislators listen?

This Nanny Statism even has the left-wing organization the ACLU nervous.

What human activity may be deemed inappropriate by the ruling class that may be next on their hit parade.

P.S. Of course there was a big push for all of this By Smoke Free Wisconsin using questionable polls, but then one only needs to look at their ties to Big Pharma to understand why.

PPS.  I guess Vicki Mckenna spent an hour on this topic yesterday unfortunately it is not on the Podcast but she has some relevant material.

On pseudo-science groups

Smoking Bans the Modern Day Jim Crow


Yesterday Wisconsin’s Tea Party favorite Scott Walker proved to the world that he is in fact a “Nanny State Progressive” and does not believe in freedom or the Constitution when he announced that he will not support repealing the smoking ban.

The scary part of all of this is if one takes a step back how similar this government mandated bigotry is similar to the Jim Crow laws with some glaring differences.

Jim Crow
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly “separate but equal” status for black Americans. In reality, this led to treatment and accommodations that were usually inferior to those provided for white Americans, systematizing a number of economic, educational and social disadvantages

Smoking ban
In the case of the smoking bans the government is mandating that no business caters to smokers, there is no attempt at implying separate but equal, none whatsoever. But the similarities don’t end there. When the government sponsors any form of discrimination it emboldens bigots to carry it even further. And of course like the Progressive Jim Crow bigots they use questionable scientific methods to justify their bigotry. In the case of the Jim Crow Laws they used the so called Science “Eugenics” Of course these elete progressives thought they had the right to control all aspects of human behavior which brought about smoking bans in the early 1900’s and of course the infamous “prohibition”ell

In New York anti-smoking activist James Repace was helping a group drive smokers from their own homes. Now most people don’t know who Repace is. He is one of a group of activist who when commissioned at the EPA to study the effects of Radon turned it into their own anti-smoking crusade. Well I confronted Mr Repace and demanded he justify their use of Junk Science. Of course he deflected my questions, he did not deny my accusations and made no attempt to justify the methodology. More on their so called Science latter.

Also in New York anti-smoking bigot Progressive Nanny Bloomberg declared outdoor smoking illegal.

We now see this brand of discrimination rear its ugly head in the form of job discrimination. If you visit MoGASPS site you will actually see a lawyer defend this brand of discrimination and claim that it is not discrimination as smokers are not a part of the “Protected Class” This lawyer mentioned people like Aristotle but at no point did he discuss the Constitution. Why not? Because no where in the Constitution does it make o provision for a “protected class” The Progressive lost the Eugenics war. The handwriting was on the wall. The Jim Crow laws were unconstitutional, Why? The 14th amendment.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

But the Progressives managed to turn defeat into a power grab. Instead of enforcing the Constitution as they swore to do they created this imaginary “Protected Class” But not only does their new law violate the very constitutional amendment they failed to enforce. It created another violation of the constitution by declaring private property “Public Accommodation” Which is a clear violation of the fifth amendment. . . . . nor shall private property be taken for public use, without just compensation. Of course that is where they claim the right to smoking bans as private property is now declared “Public Accommodation” But you will never hear a Progressive discuss Discrimination and the Constitution. They will not mention for 100 years they deliberately failed to enforce the constitution, they will quickly turn you towards the civil rights act to justify their power grab and claim that it was necessary.

Now for the great Progressive Lie The Progressive God of Science. Fist of all they Cheated and used a highly questionable methodology called Meta-analysis which is more of a tool for activism than a scientific one. But just for sake of argument lets say their numbers are correct and the Relative Risk is actually 1.2 or 20% as they say. They throw out that 20% and people think that 100% is the maximum. That is not how Statistics works. Lets put into the perspective of lottery tickets. If you buy 1 ticket you have the same chance of winning as everyone else. If you buy 1.2 tickets your chances go up by 20% If you buy 10 tickets your chances of winning go up 1000% So while that 20% may seem scary it is relativly meaningless. So next time they quote you that 20% ask them exactly how many causes of diseases have been proven with a relative risk of 1.2. Guss what? The answer is None. While they claim thousands of deaths caused by second hand smoke they can prove the same amount as there are proven causes of diseases with the same low statistical significance. NONE! There was even an award winning article in science on studies with low statistical significance called Epidemiology Faces its Limits The same author wrote another article for the New York Times called “Do We Really Know What Makes Us Healthy”

But again the Progressives have long been known to use qustionable science do demoralize their opposition. In the case of Gun owners they attempt to portray them as a bunch of beer guzzeling binge drinking drunks. And of course if you are a mom who smokes you just may be forcing your kids into criminal behavior. The list goes on and on. Anything they can claim to be science that will dehumanize, demoralize  those they think lesser gives them feelings of power and control. And this too emboldens the bigots. Here are some examples from the Topix Smoking forum from a poster Called Just Candid.

As it’s a know fact that 38% of people who smoke have mental problems it comes a no suprise that a percentage of people who use Chantix try to harm or kill themselves. Could this just be the natural order of things, kind of like survival of the fittest?

Of course we all know they love to play the addiction card.

Poor addicted “Betty”. I ALMOST feel your pain Betty. We know your sddiction overides common sense. 0>:-)

And who can forget the Just Candid classic repeated so often.

“Most drunks, degenerates, amd scumbag riffraff are people who all smoke. 0>:- 0”

But this is the mentality when the government mandates or even sanctions discrimination in any way shape manner or form. So comrade Walker, enjoy your brief term as governor, I for one will work for your recall.

Letter to Comrade Walker

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Marshall P. Keith


What a terrible disappointment you must be to your family, you sure are to the TEA Party activist who supported you.  You were one who supposedly believed in the Constitution and freedom of choice.  What Happened, was the offer from big pharma too much to resist?  What happened to SECTION 13 of the State Constitution?. “The property of no person shall be taken for public use without just compensation
therefor.”Did you forget the Constitution you promised to Uphold?
Where you aware of the Progressive Junk Science behind the ban?
Do you even care?
I am working on the recall election of Jim Holperin but don’t worry we will have plenty of time for you next year.

The smoking bans are spreading across the world and the activist claim the science is conclusive but what is this so called science and is it science. Well the bulk of the claimed evidence is based on Meta-analysis and world renowned John C. Bailar, IIIsays this about it.

, taken from his letter to The New England Journal of Medicine, 338 (1998), 62, in response to letters regarding LeLorier et al. (1997), “Discrepancies Between Meta-Analyses and Subsequent Large Randomized, Controlled Trials”, NEJM, 337, 536-542 and his (Bailar’s) accompanying editorial, 559-561:

My objections to meta-analysis are purely pragmatic. It does not work nearly as well as we might want it to work. The problems are so deep and so numerous that the results are simply not reliable. The work of LeLorier et al. adds to the evidence that meta-analysis simply does not work very well in practice.

He is so renowned that he is quote in the Reference Manual on Scientific Evidence. But why would he say such a thing. Well for one thing there is no standard as to how much weight to give similar studies much less different studies. it gives the author far too much power to inject his or her personal bia or advvocacy a pointed out by “Beware of Meta-analysis Bearing False Gifts.”

Meta-analyses performed by strong advocates of a particular position in an ongoing controversy are at higher risk for bias. . . .The interpretation of a meta-analysis is potentially subject to an author’s bias by what inclusion and exclusion criteria is selected, the type of statistical evaluation performed, decisions made on how to deal with disparities between the trials, and how the subsequent results are presented.

Gerard E. Dallal, Ph.D. concurred with Dr Bailers assessment and also brought up the problems with publication bias.

Meta analysis always struggles with two issues:

publication bias (also known as the file drawer problem) and
the varying quality of the studies.

Publication bias is “the systematic error introduced in a statistical inference by conditioning on publication status.” For example, studies showing an effect may be more likely to be published and written up and submitted for publication more promptly than studies showing no effect. (Studies showing no effect are often considered unpublishable and are just filed away, hence the name file drawer problem.) Publication bias can lead to misleading results when a statistical analysis is performed after assembling all of the published literature on some subject.

Now publication bias became so prevalent in the drug industry that the medical journals took action.

In September 2004, editors of several prominent medical journals (including the New England Journal of Medicine, The Lancet, Annals of Internal Medicine, and JAMA) announced that they would no longer publish results of drug research sponsored by pharmaceutical companies unless that research was registered in a public database from the start.[13] Furthermore, some journals, e.g. Trials, encourage publication of study protocols in their journals.

In the case of smoking ban advocates the “publication bias” was intentional not accidental as pointed out by Dr Enstrom

., and the 1992 EPA Report
One might wonder how omissions, distortions, and exaggerations like those pointed out above could occur in a document as important as a Surgeon General’s Report on ETS. To better understand this phenomena one must realize that Samet has dealt with the ETS issue in this manner for many years. In particular, he played a major role in the epidemiologic analysis for the December 1992 report on Health Effects of Passive Smoking: Lung Cancer and Other Disorders: The Report of the United States Environmental Protection Agency . . . . The epidemiologic methodology and conclusions of the EPA report have been severely criticized. One of the harshest critiques is the 92-page Decision issued by Federal Judge William L. Osteen on July 17, 1998, which overturned the report in the U.S. District Court [121]. For instance, in his conclusion Judge Osteen wrote: “In conducting the Assessment, EPA deemed it biologically plausible that ETS was a carcinogen. EPA’s theory was premised on the similarities between MS [mainstream smoke], SS [sidestream smoke], and ETS. In other chapters, the Agency used MS and ETS dissimilarities to justify methodology. Recognizing problems, EPA attempted to confirm the theory with epidemiologic studies. After choosing a portion of the studies, EPA did not find a statistically significant association. EPA then claimed the bioplausibility theory, renominated the a priori hypothesis, justified a more lenient methodology. With a new methodology, EPA demonstrated from the 88 selected studies a very low relative risk for lung cancer based on ETS exposure. Based on its original theory and the weak evidence of association, EPA concluded the evidence showed a causal relationship between cancer and ETS. The administrative record contains glaring deficiencies. . . .”

Jonathan M. Samet, M.D was the lead author of the 2006 Surgeon Generals Report does he deny these claims, NO! buried on page 21 is an admission of these facts.

Judge William L. Osteen, Sr., in the North Carolina Federal District
Court criticized the approach EPA had used to select
studies for its meta-analysis and criticized the use of 90
percent rather than 95 percent confidence intervals for
the summary estimates (Flue-Cured Tobacco Cooperative
Stabilization Corp. v. United States Environmental Protection
Agency, 857 F. Supp. 1137 [M.D.N.C. 1993]). In
December 2002, the 4th U.S. Circuit Court of Appeals
threw out the lawsuit on the basis that tobacco companies
cannot sue the EPA over its secondhand smoke
report because the report was not a final agency action
and therefore not subject to court review (Flue-Cured
Tobacco Cooperative Stabilization Corp. v. The United
States Environmental Protection Agency, No. 98-2407
[4th Cir., December 11, 2002], cited in 17.7 TPLR 2.472
Recognizing that there is still an active discussion
around the use of meta-analysis to pool data
from observational studies (versus clinical trials),
the authors of this Surgeon General’s report used
this methodology to summarize the available data
when deemed appropriate and useful, even while
recognizing that the uncertainty around the metaanalytic
estimates may exceed the uncertainty indicated
by conventional statistical indices, because of
biases either within the observational studies or produced
by the manner of their selection.

So is Meta-analysis science or a tool for advocacy?

Marshall P Keith

Mwmber of Ban the Ban Wisconsin

and numerous TEA Party Groups