A Bridge Too Far

Immediately after the Key Bridge collapse, I wrote the following:

Congress needs to pass $$ for the Key Bridge rebuild ASAP. The longer it waits, the more likely some insane r-w conspiracy develops about how “bridges are DEI” and suddenly the funds are being tied to burning Pride books or something. 

Sigh. 

This week, Pennsylvania GOP Representative Dan Meuser slammed President Biden for calling on Congress to fully fund the response to the Baltimore collapse. Meuser insisted it’s “outrageous” that Biden wants to fund repairs in their “entirety,” and even demanded that some of this money must be taken from “ridiculous EV expenditures.”

[....]

Some GOP lawmakers are already treating future funding of the Baltimore response as a future concession on their part. Representative Jeff Duncan says Congress should not spend “one more dime” of additional infrastructure money before a border wall is built, as if the need for disaster relief can be used to extort Democrats into funding MAGA priorities in return.

[....]

It gets still worse. Some right-wing media personalities are floating whackjob theories blaming the collision on diversity, equity, and inclusion programs, on our supposedly open borders, and other MAGA preoccupations. Some “online influencers” and GOP politicians indulged in trivializing nitwit speculation and targeted Baltimore mayor Brandon Scott and U.S. Department of Transportation Secretary Pete Buttigieg with other assorted hateful smears.

Some predictions are too obvious to get credit for nailing.

(H/T) 

The Third Stage of Road Construction

Years ago, I remember reading a Dave Barry column that was centered around the various stages of road construction. The first stage entailed closing down the road and making everyone's life impossibly inconvenient. "In the second stage", he continued, "nothing happens. This stage may last for several years."

This old column came to mind recently as I was navigating my own commute to Lewis & Clark. This past summer, some signs went up saying that the street which anchors my normal route to work would be closed from July 13 to October 13. Why? I couldn't find any information (finally, just a few days ago, I found this). But no matter -- the detour wasn't too extensive, and of course, most of the work would be done over the summer when I wasn't going into the office that frequently.

July, August, and September go by. I drive past the work site, and I never once see anybody doing anything. There's just a lonely sign announcing a road closure and a promise that the route will reopen on October 13.

Finally, October 13 rolls around. I drive past the work site to see if the closure has ended, and I see two things: (1) People finally doing something that looks like work (at the very least, some construction vehicles and folks in orange vests; and (2) a sign saying that now the road is closed through November 1.

As far as I can tell, for three months from the time the road was closed until the time it was scheduled to be reopened, nothing happened. Work didn't actually start until after it was scheduled to have finished.

Come on Portland -- get it together.

Make Portland Normal

Portlanders are very much fans of the slogan "keep Portland weird!" For the most part, I agree -- I'm generally a fan of Portland's various quirks and idiosyncrasies. I definitely count myself as a Portland booster!

Nonetheless, there are a few areas where it'd be nice for Portland to act like a normal American city. I'll give two examples:

1) Fluoridate our damn water, like a normal city!

Finding out Portland is the largest U.S. city to not fluoridate its water is I gather a rite of passage for new Portlanders. I always thought of anti-fluoridation activists as falling in the same category as anti-vaxxers and chemtrailers, and on reflection, I still do. There is absolutely no reason why Portland needs to have unfluoridated water.

73% of Americans have fluoridated water. It's clearly fine. Don't be weird about it.

2) Maintain your streets, like a normal city!

Before I talk about this, I need to briefly rant about Portland's street grid, which (particularly in the west part of the city where I live) is by far the most confusing of any city I've ever driven in. I hate driving in Portland, which is full of absurd seven way intersections and freeway entrances that look like alley ways and poorly signed lanes which inexorably force you to cross a bridge.

Still, all that, I can forgive -- in part because I respect that Portland's hilly geography probably makes a straight grid functionally impossible, in part because it's too late to fix now without digging the entire city up.

But what I can't fathom is why, throughout the city, random, seemingly normal streets are unmaintained by the city.

To be clear: I don't mean "the city has fallen behind in providing maintenance." What I mean is that there are many regular streets that get normal, local through traffic, that the city intentionally disclaims responsibility for maintaining.

This is the best explainer I've seen for the phenomenon, and it doesn't explain much. And it means that you could be driving to a friend's house only to discover that the route suddenly becomes a pot-hole ridden cart track. Check out this interactive map -- the random red portions? Those aren't maintained by the city. They're listed as "private" roads, even though for every relevant purpose they are just as public as any other road. They're not some isolated track that only connects a few houses over private property. They're part of the normal street grid! And this is encoded into statute somehow!

Here's an example from my own neighborhood. The subdivision I live in is 14 city blocks long, west to east. On the west side, most streets outlet onto the "main" road, but on the east side only one street does (Coronado). The only way out of my neighborhood going east is via Coronado. And wouldn't you know it if Coronado is unmaintained for its last four eastbound blocks, leading to giant gaping potholes on my unavoidable route to work each day. Coronado isn't all unmaintained -- from west to east it's (a) unmaintained for two blocks, (b) maintained by the city for six blocks, (d) non-existent for two blocks (it doesn't go through all the way), and (e) unmaintained again for the last four blocks.

Don't be weird Portland -- just take responsibility for your own street grid.

Buttigieg for Secretary of Transportation

The word is Pete Buttigieg is going to be Biden's nominee for Secretary of Transportation. A few thoughts:

1. I never quite understand the magnitude of loathing some members of the leftier edge of the Democratic Party had for Buttigieg. This is in spite of the fact that Mayor Pete was one of the few significant candidates running in 2020 that I was never tempted to support. That's because my view was simply that there's too big a gap to jump from "Mayor of South Bend, Indiana" to "President of the Untied States." But that doesn't mean I have any animosity towards him occupying other positions.
2. While I think Buttigieg is perfectly fine for a Democratic cabinet appointment, generally, I'm not sure what relevant experience he brings to the field of transportation, specifically. When I think of the core issues in transportation policy a Democratic administration should prioritize, my mind immediately turns to mass transportation infrastructure in large cities. Buttigieg's small-town guy vibes don't seem particularly germane to that issue. Maybe he's got more thoughts on expanding high speed rail and environmental issues?
3. I believe it was Matt Yglesias who pointed out that, to the extent Buttigieg does want to use his DOT posting as a springboard for even higher office, he'll probably need to do something eye-catching (it's not like the DOT is naturally on the media radar, after all). So that might engender confidence that he'll set an ambitious agenda -- and that would be a good thing.

More Fun With Anti-Discrimination Rules!

Some Jewish women were kicked out of an Uber after their Palestinian driver found out they were coming from an Israel Independence Day celebration. Uber has since terminated the driver and insisted they don't tolerate "any form of discrimination."

I doubt this will become anyone's cause celebre. That's mostly because taxis (or their replacements) are an arena where norms about serving as a common carrier -- which include broad non-discrimination requirements, far beyond what we think of normally by "non-discrimination" -- are at their strongest. There are excellent reasons why we have pretty sweeping requirements on airlines, taxis, buses, and so on that they can't pick and choose the customers they serve.

But one can certainly imagine how the case for the driver would go. The "speech" argument is already pretty familiar -- after all, he didn't object to "Jews", he objected to "people leaving an Israel Independence day celebration", which is not the same thing. Resurrect some gilded-age 19th century principles about free labor -- where the cab driver and the customer are just free contractors, both responsible for their own affairs and capable of entering into or cancelling a relationship at will --  and suddenly it sounds downright illiberal to "force" the Uber driver to transport customers when his conscience demands otherwise.

And remember: we have a judiciary that is probably more sympathetic to that outlook than at any point in the last century or so. These arguments are not as outlandish as one might think. The "New Lochnerism" already uses free speech as a wedge against huge swaths of the regulatory structure. And much of contemporary labor law -- discrimination or otherwise -- in particular involves not viewing employment as simply the atomistic interaction of free contractors who are at equal liberty to do or not do as they please. Pull that thread, and more might unravel than one intends.

Things People Blame the Jews For, Volume XLIII: Uber Turkey

Where ever Uber goes, so go complaints from the local Taxi industry. I have some sympathy -- really, I do. Uber isn't exactly known for playing by the rules, and it seems reasonable enough to demand that Uber face the same regulations as taxis generally (whether that entails leveling regulations up or down, I'm agnostic to).

But regardless of how you feel about Uber, nobody should be surprised about who's being blamed for its disruptive effect (in Turkey, at least).

The president of the Chamber of Istanbul Taxi Businesses has accused Uber of being a targeted attack on his industry carried out by what he called “the Jewish lobby”, Turkish Jewish newspaper Şalom said . 

“The global thieving Jewish lobby is carrying out commercial taxi piracy in Turkey,” Eyüp Aksu told a crowd of anti-Uber protesters outside an Istanbul courthouse.

He said the Turkish media were joining in, attacking taxi drivers with biased articles.

For the record, "global thieving Jewish lobby" is offensive and inaccurate. We prefer the term "Guild of Jewish Thieves," which is much cooler.

Anyway, I use Lyft, so presumably I'm exempt from blame here? (Obviously I'm kidding -- the whole point of this series is that there's no escape from blame for anything).

Kuwait Airways' Refusal To Board Israeli Passenger Violates Anti-Discrimination Law

In an administrative decision, the Department of Transportation has decided that Kuwait Airways violated federal anti-discrimination laws when it refused to board an Israeli passenger traveling from New York to London. The airline was following policy set in accordance with the Arab League's boycott of Israel, which in Kuwait prohibits doing business with an Israeli national. The punishment for violating this law can include hard labor as well as a fine.

This strikes me as an important ruling (and the letter is well-reasoned). Airlines have a "common carrier" duty which generally obliges them to serve all comers, absent good reason for a refusal (I should note that this narrows the decision considerably, since most private entities are not common carriers and thus the presumption is not that they have to do business with any and all comers absent justification to the contrary). The Department, quite properly in my view, did not consider the airline's desire to adhere to Kuwaiti law as a valid ground for the discrimination because the law itself was "part of a discriminatory statutory scheme." It would defeat the purpose of the general aviation non-discrimination requirement if it could be circumvented by a foreign nation simply making the discrimination mandatory. This alone would probably have sufficed for to justify the DOT decision, but it also notes that this Kuwaiti law in particular -- part of its boycott of Israel -- is specifically contrary to U.S. policy, with several statutes and regulations passed which prohibit giving succor to the boycott in the American context.

Though it does not say directly what type of "discrimination" occurred (the relevant statute, 49 U.S.C. § 41310, prohibits "unreasonable discrimination" generally rather than breaking out specific protected categories), the letter strongly implies that refusal to serve an Israeli-qua-Israeli should be understood as a form of national origin discrimination (the Court explicitly analogized it to racial discrimination, long since outlawed on American carriers). That strikes me as obviously right (as I observed when the case was filed), and we're starting to see boycott moves analyzed under this framework.

While I am generally a fan of this move, I don't want to pretend it provides a clear answer to every case. After all, not every hostile action directed at an Israeli entity could properly be viewed as national origin discrimination anymore than someone boycotting (say) McDonalds for its labor practices could be said to be discriminating against "Americans". Moving forward, I suspect two factors will become essential to judicial analysis appraising the legitimacy of boycott efforts, with a third wild card. The first is their breadth. The Kuwait Airways case is an easy one because it banned Israelis tout court -- even if we can infer that Kuwait's reason for enacting its policy was in some way targeted at the Israeli state (for its policies? For existing? No matter.), by instantiating those objections in such an indiscriminate manner to target every single Israeli national it crosses over from targeted critique to unlawful bias. The second factor, which will be much more difficult to figure out in practice, goes to motive. Motive is the heart of contemporary discrimination analysis, and so in this context the question would be "are you boycotting X actor because it is Israeli, or for some other reason [e.g., because it allegedly violates human rights]." Many Jews suspect that the boycott movement really is motivated by anti-Israel (or often anti-Semitic) beliefs rather than a genuine and universal commitment to the supposed human rights practices publicly given as a justification. Hence, for example, the popularity of the "why don't you boycott so-and-so" response, where so-and-so is an entity in a different company that seems to be implicated in a similar network of abuses. This sort of "comparator" analysis is a valid way of establishing discriminatory motive, but in general motive is going to be difficult to prove. Were I to advise would-be boycotters (and that's a weird thing for me to write), I would suggest that (a) the boycotts must be narrowly tailored to particular alleged abusers, rather than sweeping up Israelis generally (so a campaign against Ahava is more likely to succeed than a general boycott of Israeli academics), and (b) to ensure that one does not only boycott Israeli entities but also maintains a diverse portfolio of boycotts so as to demonstrate that Israeli nationality is not the driving force behind the move.

The wild card is the applicability of America's anti-boycott statutes, which seek to prohibit American entities (including American offices of foreign actors) from boycotting certain foreign nationals at the behest of a boycotting state. This law was specifically passed in response to the Arab League boycott of Israel, although it has been enforced only sporadically. To the extent it is held to apply to the BDS movement generally (which presumably goes to the degree to which the movement is considered to be acting at the behest of a foreign state), all bets are off.

Trains and Their Alternatives

By far, my favorite species of libertarian writing is the article which attacks a government spending project by articulating all the other spending projects -- also opposed by libertarians -- that could instead receive the money. This Reason article making fun of a new light rail project in downtown Detroit is a great example of the genre.

I don't know enough about the particulars of Detroit to know if the project makes sense or not. I do note that reviving urban cores via densification around light rail hubs has a very strong record of success and plays into the increasingly car-less preferences of the millennial generation. Given that this is pretty much the trend in urban revitalization, you'd think the article might mention it somewhere, but alas. Indeed, the article seems peculiarly attached to the thesis that "downtown" is a doomed concept which fell apart in 1967 and will never rise again -- a theory that seems to my ears to be, what, a decade out of date? At least? The trend in the United States has been towards restoring the central nature of "downtown" areas, as young professionals like being able to walk (or take a quick hop on public transportation) to their jobs, their favorite restaurants, or their after-work hangouts. So the idea that Detroit would benefit from following this path is hardly some sort of absurdist boondoggle.

The real joy though, comes in all the caveats that are snuck in throughout the article, much as a parent might hide vegetables under the mashed potatoes. "Detroit's light rail line could be written off as a typical government pork fest, if only a large share of the construction funds weren't coming from private sources." Uh-oh -- sometimes private benefactors make choices with their money that don't perfectly align with Reason's read on Rational Choice Theory? Say it ain't so! What about convenience? Well, obviously, the best way to think about that is their absurd hypothetical where a local business magnate uses his god-given right as a Free Market Maker issues some sort of decree to "mandate that his employees utilize the new light rail line in their daily commutes after it opens in 2016." The idea behind these light rail projects typically is that people move close to the train stations and don't drive anywhere, but that really basic concept is again nowhere to be seen.

And what about the "26 percent of Detroit households that don’t own cars"? Here, Reason suggests that further investment in the city's bus lines would be a better use of the money. And maybe so -- there are a lot of reasons to favor rapid-bus transit over train lines, greater flexibility being among the most prominent! But of course, if that was on the table it would be another government spending atrocity Reason would oppose on principled libertarian grounds. And even if Reason was remotely likely to offer its full-throated support to massive government subsidies to local bus lines -- which I don't think we'll see in any form except as a hypothetical counterplan to actual proposed projects -- the fact is one of these projects is on the table (thanks to private money, no less), and one isn't.

So yes, color me skeptical that their problem with the rail project stems either from Reason's deep understanding of contemporary urban redevelopment policy or their heartfelt commitment to bus service.

Currency Manipulation

The Washington Post issues its endorsements for local Virginia House of Delegate seats. All four are currently occupied by Republicans, and there discussion of each race begins by observing that, in essence, the incumbent is a lunatic. There's the one who was one "of a handful of lawmakers to speak out against an otherwise highly qualified judicial nominee who happened to be gay." There's the one who "voted to study whether Virginia should develop its own currency as a hedge against financial chaos." There's the one whose "contempt for homosexuals is surpassed only by his disregard for women who have abortions; he suggested that God exacts vengeance on women who abort their fetuses by assuring that their next pregnancy will produce a disabled child." And finally there's the one "who has tormented gays, immigrants and women with his right-wing views."

Well, that makes life easy doesn't it? Not so fast! Two of these four somehow managed to get the Post's endorsement anyway. That's because it appears that the Post's only criteria for its endorsement was a vote for a transportation bill the paper thought was important. Two of the incumbents voted for the bill and garnered an endorsement, two opposed it and saw the nod go to their challenger. Simple as that.

In case you're curious, the lucky duo who got the endorsement were Mr. Won't Vote for the Gay and Mr. Create our own Currency (incredibly, the Post managed to call both "pragmatists" for their transportation vote in the same paragraph that they opened by detailing their extremism).

Roadspierre

Well this will certainly brighten the grim DC mood:

On October 11th, a group of right-wing truckers is planning to drive to DC to shut down the major commuter highway that circles the city. They’ll continue to block traffic, they say, until they see the arrest of elected officials who have “violated their oath of office.”

Organizers of the event, which is titled “Truckers Ride for the Constitution,” say they are fed up with a variety of headaches caused by the government: Fuel efficiency standards enforced by the Environmental Protection Agency, Obamacare, state and local laws over idling their trucks, and “insurance companies purportedly requiring technological updates,” according to US News and World Report.

They say that to demonstrate against violations of the constitution, they plan to circle interstate 495 — known widely as the beltway — and not allow through any traffic. If police try to stop them, they’ll park their trucks right on the highway.

Originally, reports from US News and World Report indicated the truckers were looking to impeach President Obama. But Earl Conlon, an organizer of the event, told US News, “We’re not asking for impeachment, we’re asking for the arrest of everyone in government who has violated their oath of office.” These include House Minority Leader Nancy Pelosi (D-CA), and Sen. Dianne Feinstein (D-CA), both for purportedly arming al Qaeda linked Syrian rebels.

Oh joy. But wait! I take the Communist Socialist Metro for my commute! Joke's on them!

Transportation Gridlock

I want to give some props to Robert Farley for writing a very rare sort of post: Taking a topic I don't really care about but am predisposed to adhere to a particular narrative, and clearly explaining why my instincts are too simplistic.

His target is a David Ignatius column on proposed Air Force cuts. The Air Force had proposed reducing large quantities of its transport aircraft (C-130s and the like). Congressmen and Governors objected, particularly because such aircraft often are used by local national guard units for civilian aid missions. The theme of the column is how meddling politicians are blocking cuts even the Air Force wants and maintaining a bloated military because they want to preserve local pork.

I will cop that, as a complete non-expert, that narrative appeals to me too. I think our military budget is bloated, and I'm inclined to attribute large parts of this to politicians thinking parochially. And I'm particularly prone to think this when a service branch is blocked from making cuts it itself thinks are warranted.

Farley takes me to task, and his analysis is worth reading in full. The short version is that the Air Force has a long-standing ideological aversion to transport and other "support" roles, that the Air Force's conception of its own needs is as parochial and self-interested as any other segment of bureaucracy, and that the only way to resolve competing conceptions of how our military resources should be prioritized is through the political process (and if the result of that process is that more dollars flow to planes that can be used to fight fires and conduct local search and rescue, and fewer to long-range strategic bombers, that's not necessarily a bad thing).

Again, good analysis aside, it's always good to have casually-formed and weakly-supported intuitions popped -- and it's not the easiest thing to do (particularly when its convincing a liberal that we should keep military hardware that a service branch claims it doesn't need on the advice of politicians). For accomplishing this somewhat rare feat, I give a hearty salute to Mr. Farley.