Caleb Brown interviews me in this new podcast for Cato about child support collection policies that might be seen as backfiring even if one accepts revenue maximization as their sole purpose (earlier from me at Cato and here). Some other views: NYT “Room for Debate”
Following the furor over RFRA (Religious Freedom Restoration Act) legislation in Indiana and Arkansas this week, I’ve got a new piece in today’s New York Daily News on the emergence of American business as the most influential ally of gay rights. Links to follow up some of the quoted sources: Reuters on Walmart, Tony Perkins/FRC on pieces of silver, Dave Weigel on how public opinion in polls tends to side with the small business owners. I wrote last year on the Arizona mini-RFRA bill vetoed by Gov. Jan Brewer.
On the social media pile-on against a small-town Indiana pizzeria, see also the thought-provoking column by Conor Friedersdorf (more, Matt Welch). Also recommended on the general controversy: Roger Pilon, Mike Munger/Bleeding Heart Libertarians, and David Henderson on freedom of association, David Brooks on getting along, and Peter Steinfels on liberal pluralism and religious freedom.
Relatedly, Cato has now posted a podcast with my critical views (earlier) of the “Utah compromise” adding sexual orientation as a protected class while also giving employees new rights to sue employers over curbs on discussion of religion and morality in the workplace (h/t: interviewer Caleb Brown). For a view of that compromise more favorable than mine, see this Brookings panel.
Jennifer Ujimori posted negative reviews on Yelp and Angie’s List after being dissatisfied with her experience with a Burke, Va. dog obedience class. Now the owner is suing her for damages. [Washington Post] Unlike D.C., Maryland and more than half the states, Virginia has not enacted a law (sometimes labeled “anti-SLAPP” statutes) that “allow for the quick dismissal of cases a judge deems to be targeting First Amendment rights.” I’m scheduled to be a guest on Washington, D.C.’s Fox 5 (WTTG) to discuss the case around 8:30 this morning (Friday).
Update: here’s the clip:
I’ve got a new post at Cato about the perennial problem of poor governance at Washington, D.C.’s WMATA Metro subway system, which on Monday suffered a smoke-in-tunnel accident that cost the life of a passenger and sickened many more. Excerpt:
If the cream of the nation’s political class, living within a 50 mile radius in Virginia, Maryland, and D.C., cannot arrange to obtain competence from their elected local officials in delivering a public service that’s vital to their daily work lives, what does that tell us about their pretensions to improve through federal action the delivery of local government services – fire and police, water supply and schooling, road maintenance and, yes, transit itself – in the rest of the country?
Reactions from George Leef (“it tells us that we should ignore them”), @jasonkeisling (“If it had been Uber, the gov would ban their service. But no need to address any problems with metro.”), and Christine Sisto/National Review. The Washington Post succinctly summarizes local outrage about the service’s failure to live up to its boasts of a “culture of safety”, while Washington City Paper, Aaron Wiener reviews Metro’s sluggish response to a series of previous safety crises and breakdowns.
A lot of literature — like this recent study cited by the Regional Plan Association — tends to confirm the idea that transit operations work better when governance is arranged so as to provide clear lines of responsibility and accountability. WMATA, which has gone through many general managers over the years, suffers from a weak, too-many-cooks board structure in which two each of eight board seats are filled by Maryland, Virginia, the District, and the federal government, along with another two alternates for each of the four jurisdictions.
On Wednesday morning at 9:15 a.m. I’m scheduled to be on Fox 5 WTTG Morning News television to talk about these ideas.
More: Michael Brickman, Flypaper. @politicalmath recalls when Metro got $200 million from the stimulus program to “create a safety culture.” Another comment from @jasonkeisling: “No accountability. Imagine if a private company had an incident like this…”
Washington, D.C. listeners, tune in at 10 a.m. this morning (Tuesday) when I’ll be a guest again on Diane Rehm’s award-winning radio show, discussing developments in Ferguson, Mo., including a grand jury’s decision that officer Darren Wilson won’t face charges in the shooting of Michael Brown. Other guests include Julie Bosman, reporter, The New York Times; Sherrilyn Ifill, president and director-counsel, NAACP Legal Defense Fund; and Andrew Ferguson, associate professor of law, University of the District of Columbia School of Law. (bumped Tuesday morning to keep at top of page)
I was a guest on Ray Dunaway’s program on Hartford-based WTIC discussing (audio) the new Minneapolis plan for race-conscious school discipline, which is likely to be replicated around the country as more cities and states fall into line with the new Department of Justice policy. Earlier here, and a somewhat different view from Coyote, who writes: “By the way, in today’s legal environment, any private employer who says they don’t put extra scrutiny on terminations of folks in protected classes, or don’t increase the warnings and documentation required internally before firing someone in a protected class, is probably a liar.”
On Monday I moderated a panel at Cato on Damon Root’s splendid new book on the long debate over judicial activism from the Civil War to the present (blurbs). Commenting were prominent legal journalist Jeffrey Rosen, president of the National Constitution Center in Philadelphia, and Roger Pilon, director of Cato’s Center for Constitutional Studies, whose work figures prominently in the book. From the description:
What is the proper role of the Supreme Court under the Constitution? Should the Court be “active” or “restrained”? Or is that even the proper way to look at the question, however much we’ve heard it put that way for several decades now? In his new book, Damon Root traces this debate from the Constitution’s conception to the present. His central focus, however, is on the emergence of the modern libertarian approach, which cuts through the often sterile debate between liberals and conservatives and points to the Constitution itself by way of determining the proper role of the Court under it.
Three columns to read on the subject: Gene Healy, Glenn Reynolds (linking this site), and Nat Hentoff (like Healy, a Cato colleague) in his syndicated column (thanks for mention). I had a letter to the editor yesterday in the Frederick News-Post drawing connections with local lawmakers (as well as a blog post at Free State Notes with similar themes) and the Arizona Republic quoted me Tuesday on the federal subsidy programs that drive militarization, including transfers to the ever-controversial Maricopa County Sheriff’s Office of Joe Arpaio. Earlier here, here, here, here, here, etc.
P.S. Also quoted on NPR.
All-Ferguson edition, including my CNBC exchange last Friday, above:
- Typically good John Stossel column [Washington Examiner, syndicated, and thanks for mention] Disturbing innovations coming our way in the world of crowd/protest control include “puke cannons,” “pain rays” [Gene Healy, Washington Examiner, ditto]
- Cause of death: failure to comply with police orders [David M. Perry, opinion] “Here is the bottom line: if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you” [Sunil Dutta (L.A.P.D. officer), Washington Post; Ken at Popehat]
- “Expect Many, Many Lawsuits From Ferguson” [Chris Geidner, BuzzFeed]
- Not the safe conventional move: I’m quoted on Sen. Rand Paul’s willingness to grapple with Ferguson [Politico]
- Local commercial economies take a long time to recover from damage done by looting [Kate Rogers/Fox Business, thanks for quote]]
- Political economy: unusual state of representation in Ferguson makes the town an outlier [Seth Masket, Pacific Standard] Police-driven budget? “Ferguson receives nearly one-quarter of its revenue from court fees” [Jeff Smith, NY Times]
- According to Victor Davis Hanson, we critics of police militarization have “empowered [radical groups] to commit violence” [NRO]
- “What I Did After a Cop Killed My Son” [Michael Bell, Politico, Kenosha, Wisc.; civilian review]
- “Why Are There No News Helicopters Over Ferguson?” [Peter Suderman]
Above: Cato podcast, interviewed by Caleb Brown.
The events in Ferguson, Mo. have vaulted police militarization to the top of the national news. I’ve spent a lot of the past 48 hours talking with the press, covering the issue on Twitter and other social media, and fielding reactions to my blog post (reprinted at the Cato blog), which has gotten considerable attention. Highlights:
- Kentucky Sen. Rand Paul, a likely Republican candidate for president, wrote an extraordinary op-ed for Time that is destined to be widely talked about (how many Republican Senators — or Democrats for that matter — would have written, “Given the racial disparities in our criminal justice system, it is impossible for African-Americans not to feel like their government is particularly targeting them”?) Sen. Paul was kind enough to quote my post at length. Reactions: Dave Weigel/Slate, Olivia Nuzzi/Daily Beast; Augusta (Ga.) Chronicle editorial, and many others.
- CBS News’s formidable legal correspondent, Jan Crawford, interviewed me on the subject and the results have begun to air [CBS Evening News]
- I’m interviewed at length in print coverage by Mike Dorning at Bloomberg News and Business Week and by Brian Hughes at the Washington Examiner;
- After a particularly silly meme began to circulate on Twitter (and even in the Washington Post) about libertarians supposedly neglecting the Ferguson events, rebuttals were heard from Elizabeth Nolan Brown at Andrew Sullivan’s The Dish; Ilya Somin, Volokh Conspiracy; and Andrew Kirell, Mediaite.
- I’ve appeared on Ray Dunaway’s WTIC morning show in Hartford and Jack Riccardi’s midday show on KTSA in San Antonio. Friday: KSRO (Sonoma County, Calif.) with Melanie Morgan.
P.S. Finally some good news from Ferguson. Newly assigned cops from the Missouri Highway Patrol wear blue not camo, mingle and talk to protesters with respect — and suddenly there’s calm. And the Rand Paul piece is making news.