The Daily Parker

I'm in my downtown office today, with its floor-to-ceiling window that one could only open with a sledgehammer. The weather right now makes that approach pretty tempting. However, as that would be a career-limiting move, I'm trying to get as much done as possible to leave downtown on the 4:32 train instead of the 5:32. I can read these tomorrow in my home office, with the window open and the roofers on the farthest part of my complex from it:

• Judges occasionally get facts wrong, but they really hate being corrected, and it affects everyone.
• Wisconsin governor Tony Evers (D) used his line-item veto on a Republican-drafted education bill to supplant the legislature's goals with the general public's.
• North America's car-dependent culture disproportionately requires people least able to afford cars to have them.
• Speaking of car culture, Chicago is experiencing its worst air pollution in 11 years this summer.,
• E-bikes are fun and useful transport, but they also explode sometimes.
• In addition to breaking CNN and HBO, David Zaslav has now corrupted GQ.

Finally, does day drinking cause more harm than drinking at night? (Asking for a friend.)

I've got tickets to see Straight No Chaser with some chorus friends at Ravinia Park tonight—on the lawn. Unfortunately, for the last 8 hours or so, our weather radar has looked like this:

I haven't got nearly as much disappointment as the folks sitting in Grant Park right now waiting for a NASCAR race that will never happen in this epic rainfall. (I think Mother Nature is trying to tell NASCAR something. Or at least trying to tell Chicago NASCAR fans something. Hard to tell.)

While I'm waiting to see if it will actually stop raining before my train leaves at 5:49pm, I have this to read:

• New York Magazine tries to understand why Robert F Kennedy, Jr, thinks he should run for president.
• The New Yorker has a long look at the Titan submersible, "an accident waiting to happen."
• National Geographic reminds you not to drink right before you go to bed.
• The Atlantic's Lora Kelly explains why air travel has gotten a lot worse this year.
• The Guardian reminds everyone what happens to people who humiliate Vladimir Putin.

I am happy the roofers finished my side of my housing development already. The people across the courtyard have discovered the temporary waterproofing was a bit more temporary than the roofers intended.

Here is the state of things as we go into the second half of 2023:

• The government-owned but independently-edited newspaper Wiener Zeitung published its last daily paper issue today after being in continuous publication since 8 August 1703. Today's headline: "320 years, 12 presidents, 10 emperors, 2 republics, 1 newspaper."
• Paula Froelich blames Harry Windsor's and Megan Markle's declining popularity on a simple truth: "Not just because they were revealed as lazy, entitled dilettantes, but because they inadvertently showed themselves for who they really are: snobs. And Americans really, really don’t like snobs."
• Starting tomorrow, Amtrak can take you from Chicago to St Louis (480 km) in 4:45, at speeds up to (gasp!) 175 km/h. Still not really a high-speed train but at least it's a 30-minute and 50 km/h improvement since 2010. (A source at Amtrak told me the problem is simple: grade crossings. They can't go 225 km/h over a grade crossing because, in a crash, F=ma, and a would be very high.)
• The Federal Trade Commission will start fining websites up to $10,000 for each fake review it publishes. "No-gos include reviews that misrepresent someone’s experience with a product and that claim to be written by someone who doesn’t exist. Reviews also can’t be written by insiders like company employees without clear disclosures."
• A humorous thought problem involving how many pews an 80-year-old church can have explains the idiocy behind parking minimums.
• Chicago bike share Divvy turned 10 on Wednesday. You can now get one in any of Chicago's 50 wards, plus a few suburbs.
• Actor Alan Arkin, one of my personal favorites for his deadpan hilarity, died yesterday at age 89.

And finally, the Chicago Tribune's food critic Nick Kindelsperger tried 21 Chicago hot dogs so you don't have to to find the best in the city.

Ah, ha ha. I'm kidding. Absolutely no one on Earth found anything surprising in the two decisions the Court just announced, except perhaps that Gorsuch and not Alito delivered the First Amendment one. Both were 6-3 decisions with the Republicans on one side and the non-partisan justices on the other. Both removed protections for disadvantaged groups in favor of established groups. And both lend weight to the argument that the Court has gone so far to the right that they continue to cause instability in the law as no one knows how long these precedents will last.

Let's start with 303 Creative v Elenis, in which the Court ruled that a Colorado web designer did not have to create websites for gay weddings, on the philosophy that religiously-motivated anti-gay bigotry is protected under the First Amendment:

The decision also appeared to suggest that the rights of L.G.B.T.Q. people, including to same-sex marriage, are on more vulnerable legal footing, particularly when they are at odds with claims of religious freedom. At the same time, the ruling limited the ability of the governments to enforce anti-discrimination laws.

The designer, Lorie Smith, said her Christian faith requires her to turn away customers seeking wedding-related services to celebrate same-sex unions. She added that she intends to post a message saying the company’s policy is a product of her religious convictions.

A Colorado law forbids discrimination against gay people by businesses open to the public as well as statements announcing such discrimination. Ms. Smith, who has not begun the wedding business or posted the proposed statement for fear of running afoul of the law, sued to challenge it, saying it violated her rights to free speech and the free exercise of religion.

I actually might agree with the very narrow outcome of this specific case: I don't think someone should be forced to create something they morally oppose. That said, I fear, as do many others, that people will see this as license to scale back anti-discrimination measures against all marginalized groups. And this is why I think the case is going to be a problem for a generation. I'll read Gorsuch's opinion over the weekend, hoping that he resisted the urge to fill it with Federalist Society-approved obiter dicta. But I expect to see more litigation on anti-discrimination statutes as a result of the ruling. It's part of the Republican strategy to erode hard-won rights by creating fear and doubt in marginalized groups, and it's working.

The other ruling (Biden v Nebraska), also pitting the Republicans against everyone else in the free world, killed the President's program to waive about $405 billion in student debt that hundreds of thousands of low- and middle-income borrowers owed to the Federal Government. The Court found the thinnest of pretexts to allow the State of Missouri just enough standing to keep the case from evaporating entirely, and then rug-pulled all those people for whom $10,000 might be the difference between poverty and continued daily meals by saying the President exceeded authority granted him by Congress to "waive or modify" the loans:

The court has rejected the administration’s expansive arguments in the past. The court lifted a pandemic-era moratorium on rental evictions put in place by the Centers for Disease Control and Prevention. It threw out a coronavirus vaccination-or-testing mandate imposed on large businesses by the Occupational Safety and Health Administration. And in a ruling unrelated to the pandemic, it cited the “major questions” doctrine to limit the Environmental Protection Agency’s options for combating climate change.

The legal battles have left millions of student loan borrowers in limbo. More than half of eligible people had applied for the forgiveness program before it was halted by the courts, with the Education Department approving some 16 million applications.

Biden’s debt relief program has been a divisive issue on Capitol Hill. On June 7, Biden vetoed a Republican-led resolution to strike down the controversial program and restart loan payments for tens of millions of borrowers. The measure passed the Senate with the backing of Sens. Joe Manchin III (D-W.Va.), Jon Tester (D-Mont.) and Kyrsten Sinema (I-Ariz.). Despite Biden’s veto, the resolution shows the likely difficulty of getting any future debt relief plan through Congress.

This, like yesterday's affirmative action decision, shows the Republican majority gleefully rolling back all the things they have hated ever since Lyndon Johnson had the gall to give those people civil rights in 1964. They firmly believe in the ability of everyone born on second base to get a home run even if it means everyone else strikes out, because (and I'm really not making this up, if you dig into what these people have written) they deserve it. (Best Tweet of the day, from the ever-scathing New York Times Pitchbot: "Opinion | Without the burden of affirmative action, Harvard can finally become a true meritocracy—by Jared Kushner and Robert F. Kennedy Jr.")

The good news—in the most general sense as the 6-3 split will continue to be very bad news in specific for years—is that this kind of reactionary behavior by the right wing tends to flame out in a generation or so. It's the desperate clawing back of gains made by the lower orders to hold onto inherited privilege for just a little longer that happens when the old guard know they're on their way out. We've seen it in the US before, and in the UK, and in lots of other times and places.

Unfortunately, undoing the damage the revanchists cause hurts like hell. The next 10-15 years are going to suck for a lot of people.

Some stories to read at lunch today:

• The Supreme Court unanimously rejected the US Postal Service's requirement that a religiously observant letter carrier deliver packages on the Sabbath. Since Justice Alito (R$) wrote the opinion, I'll also have to read Justices Sotomayor's (I) and Jackson's (I) concurrence.
• Of course, as Josh Marshall predicted, the Court split along partisan lines in a decision that essentially abolishes affirmative action for college admissions, which will likely reverse the gains that African American students have made over the last 40 years.
• Alex Shephard wonders if the XPOTUS's whole classified-documents disaster came out of his "perhaps world-historically, pathetic and abject" existence.
• The I-95 bridge collapse outside Philadelphia caused a spike in SEPTA ridership and renewed interest in a new subway line.
• National Geographic, struggling to remain afloat after its acquisition and rapacious mismanagement by Disney, has laid off all of its remaining staff writers.
• James Fallows annotates a recent Toronto air traffic controllers conversation with a FedEx MD-11 whose left thrust reverser deployed just after takeoff.

Finally, our air quality has improved slightly (now showing 168 at IDTWHQ), but the Canadian smoke may linger for another couple of days.

As the smoke from Canadian wildfires continues to spread through the American Midwest, I want to mention that the effective use of government regulation of industry has made this week's air quality that much more surprising. Just take a look at Evanston, Ill., yesterday around 7pm:

The fact that this looks really weird says a lot about what the government can do when people are behind it.

No, really: the air-quality alerts from Minnesota to West Virginia look bizarre right now because we hardly ever see AQIs above 150 these days. In my lifetime, even 35 years ago, Chicago looked like this all the time.

The Chicago Tribune reported on this incredible change in 2015:

As early as 1874, as the city rebuilt after the Great Fire of 1871, the Tribune warned that the huge increase in factories and hotels, and the new skyscrapers with their steam-powered elevators, was a serious problem. "So dense is this volume of smoke that, unless there is a brisk, stirring breeze, the whole of it settles down in the central part of the city and leaves its dirty imprint," the editorial said.

Civic leaders, including the editors of the Tribune, crusaded tirelessly against the "smoke horror."

It is hard to know how often the sun lost its battle to shine — though it happened regularly into the 1950s — because the Tribune wrote stories only when it was unusually bad. On Jan. 18, 1925, the newspaper reported the pall that turned day into night was "the densest, thickest and darkest smoke screen which has been thrown over the city this season." The "plague of darkness" on Dec. 7, 1929, was caused by low-hanging clouds, fog and "the customary smoke screen."

And the power needed to light the day meant Commonwealth Edison had to burn even more coal.

By the late 1960s people had had enough. So finally, in 1970, Congress unanimously (except for one demon from the 3rd Circle of Hell) passed the Clean Air Act, starting a decades-long process of cutting emissions and switching from dirty power sources that continues today.

In 1980, ten years after the Clean Air Act passed, Los Angeles had only 6 days with AQIs below 50 but 206 above 150. (I know, because I was there for many of them.) In 2021, LA had 41 days below 50 and only 27 above 150.

This week we have unhealthy air due to natural pollution from an unusual combination of record wildfires in Canada and a weather system blowing the smoke south. Air quality should return to normal (or even healthy) by the weekend. But absent bipartisan regulation 53 years ago, it would look like this (or worse) more than half the year.

So when I say I want a real opposition party and not the whackadoodle nihilists currently destroying their constituents' faith in government, this is why.

The Supreme Court published its ruling in Moore v Harper today, snuffing out the Federalist Society weed-induced fantasy of the "independent state legislature theory" would remain just that—a fantasy:

[A]lthough the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. By a vote of 6-3, the court rejected the so-called “independent state legislature theory,” holding that the North Carolina Supreme Court did not violate the Constitution when it set aside a congressional map adopted by the state’s legislature.

In 2019, in Rucho v. Common Cause, the Supreme Court ruled that federal courts cannot consider claims of partisan gerrymandering. But the 5-4 decision by Chief Justice John Roberts noted that states could still address partisan gerrymandering in their own laws and constitutions. In February 2022, the North Carolina Supreme Court (which at the time had a 4-3 Democratic majority) ruled that the new map violated a provision in the state constitution guaranteeing free elections. The state supreme court barred the state from using the new map in the 2022 elections, and the trial court later adopted a new map, drawn by Republicans and Democrats split the state’s congressional seats 7-7.

Republican legislators came to the U.S. Supreme Court last year, challenging the state supreme court’s decision. They argued that when it set aside the legislature’s congressional map, the state court violated the “independent state legislature” theory. That theory, which the Supreme Court has never endorsed in a majority opinion, rests on two provisions of the Constitution. In Moore, the legislators point to one of those provisions, Article I’s elections clause, which provides that the “Times, Places and Manner” of congressional elections “shall be prescribed in each State by the Legislature thereof.” Article II’s electors clause provides that states shall appoint presidential electors for the Electoral College “in such Manner as the Legislature thereof may direct.” These provisions, the theory’s proponents contend, mean that state courts lack the power to supervise how state legislatures run elections for Congress or the president – including, as in this case, the power to set aside congressional powers.

Notably, Justices Amy Comey Barrett (R) and Brett Kavanaugh (R), themselves test-tube babies of the Federalist Society judiciary pipeline, signed onto the opinion Chief Justice John Roberts (R) wrote, along with the non-partisan Justices Katanji Brown Jackson, Sonia Sotomayor, and Elena Kagan.

Kavanaugh also concurred with Roberts' opinion in Allen v Milligan, sending Alabama's blatantly racist map back to Montgomery, and Monday in a similar Louisiana case.

I don't know whether Justices Gorsuch (R), Thomas (R$), and Alito (R$) dissenting from Moore surprises me or not. Those three have always believed the Republican Party is the only legitimate ruler of the United States, signing on to a series of ridiculous arguments to advance the Cause. I'm sure the Federalist Society expected Kavanaugh and Comey Barrett to follow behind them. Maybe Kavanaugh is turning Brennan?

Ha. No. But at least he hasn't chased the right-wingers over the ledge. Yet.

While "nobody knows nothin'" about why Yevgeny Prigozhin started or stopped his march on Moscow over the weekend, it exposed the horrible truth that under Vladimir Putin, Russia has become a failed, captured state governed by gangs:

Prigozhin, like Putin, was born and raised in Leningrad, which was renamed St. Petersburg as the Soviet Union was crumbling. As a young man, Prigozhin was a petty criminal and was eventually arrested and sentenced to twelve years in prison for robbing apartments. He was released after nine years. The rest of his biography resembles that of so many around Putin. After making some money selling hot dogs at the local flea market, he got involved in the grocery business, then casinos, construction, catering, and restaurants. He formed a close relationship with Putin, a frequent diner at his establishments, and that put him in a position to increase his good fortune. Private planes, helicopters, and immense residences soon followed—as did the founding of troll farms in St. Petersburg and the Wagner Group, a military contractor that was heartily supported by Putin as a way to help assist Russian Army troops.

In the early days of his reign, Putin was known in the West mainly for his background in the K.G.B. But his popular appeal also had to do with his ability to exploit the street swagger and the language of his days as a kid who played and fought in the poorer courtyards of his home town. Putin was not afraid to make cutting jokes or use profanity in public appearances. He promised to kill enemies in their “outhouses.” This distinguished him, back then, as a man close to ground, close to the narod, the people.

[Kremlin reporter Mikhail Zygar explains], “The F.S.B. [a successor to the K.G.B.] and G.R.U. [military intelligence] is not a single clan; it is a mixture of different clans, and we will see how they are going to react. For years, Putin has selected his inner circle with only one criterion: a lack of ambition. They are not the best of the best. They are the worst of the worst. So how will such mediocrities face up to one desperately brave person, or a desperately brave group of terrorists? We will see.”

It's a bit sobering to think of Don Corleone controlling 3,000 nuclear weapons, isn't it? Meanwhile, no one has heard from Prigozhin since Saturday...

I think I finally cracked the nut on a work problem that has consumed our team for almost three years. Unfortunately I can't write about it yet. I can say, though, that the solution became a lot clearer just a couple of weeks after our team got slightly smaller. I will say nothing more. Just remember, there are two types of people: those who can infer things from partial evidence.

Just a few articles left to read before I take Cassie on her pre-dinner ambulation:

• Titanic director James Cameron, who has made 30 dives to the famed wreck, slammed the news media for "a cruel, slow turn of the screw for four days" as he, the US Navy, and probably most of the rescuers already figured out the submarine Titan had imploded on its descent Sunday morning.
• The US Navy in turn reported that its Atlantic sonar net had picked up the implosion when it happened, but didn't explain (see re: inferences, above) that it waited until the accident had been confirmed by other sources because the Navy's sonar capabilities are highly classified military secrets. And since the Titan didn't have any kind of black-box recorder, they would not make any effort to bring it up from the bottom.
• New York Times columnist Jesse Wegman slaps his forehead and asks, "Does Justice Alito (R) hear himself?" (See re: inferences, above.) James Fallows argues that "it is time for outside intervention, and supervision" of the Court. Josh Marshall sees the "fish and flights" as emblematic of deeper corruption: "The guiding jurisprudence might best be described as 'Too bad, suckas' or perhaps 'Sucks to be you.' "
• Biologists Jerry A Coyne (University of Chicago emeritus) and Luana S Maroja  (Williams College) argue that ideology is "poisoning" the study and teaching of biology.
• The 2 quadrillion liters (give or take) of groundwater we humans have pumped out in the last 30 years found its way to the oceans, redistributing the mass of the earth and shifting our planet's axis by about 800 mm—not enough to change the seasons, but enough to subtly interfere with global positioning and astronomy.
• LEDs in street lights and houses have added about 10% more light pollution to our skies each year, according to new research. Of course, LEDs provide more light and save 90% of the energy we used to waste on incandescent and nonmetal-vapor lights, so...

And finally, the Illinois legislature extended by 5 years the Covid-era regulations allowing restaurants to sell go-cups. We're not New Orleans by any stretch, but you can continue to take that margarita home with your leftover burritos.

I will now retire to my lovely patio...

I'll elaborate on this later, but I just want to list a couple of things I desperately want for my country and city during my lifetime. For comparison, I'm also listing when other places in the world got them first. For context, I expect (hope?) to live another 50 years or so.

Universal health care, whether through extending Medicare to all residents or through some other mechanism. The UK got it in 1948, Canada in 1984, and Germany in 1883. We're the only holdout in the OECD, and it benefits no one except the owners and shareholders of private insurance companies to continue our broken system.

Universal child care, which would enable single parents to work without going broke on daycare. Much of Continental Europe makes this a no-brainer, with free day care for little kids and extended school hours for older ones. In a report covering 41 rich countries, UNICEF puts Luxembourg first, Germany 5th, Canada 22nd...and the US 40th. Only Slovakia treats its kids worse. (The UK is 35th, which is sad.)

Term limits on appellate judges, including an 18-year term for the Supreme Court and a 13-year term for the Circuit Courts. The UK and Canada require judges to retire at 75; Japan at 70; and Mexico after 15 years. Every US State (except Rhode Island) has some limitation on its supreme court, whether through mandatory retirement, term limits, or elections. This doesn't require anything more than an act of Congress, as former Justices and Appellate Judges would still continue to serve in other Federal courts "during good Behaviour." I would also like to see a Governor-appointed, single-term Illinois supreme court.

A functioning opposition party, both at the Federal level (either through the Republicans coming to their senses or a serious third party replacing them in opposition or governance), and here in Illinois. As much as I like the current Democratic trifecta in my state, I don't think single-party governance is healthy, as it tends to become single-party rule, followed shortly by something worse. All of our peer nations (except possibly the Republic of Korea) have had two or more functioning parties since the end of World War II. Only 11 US states currently have divided governments, and in 4 of the 6 most populous (California, New York, Texas, and Illinois), the party out of power has almost no power at all and no hope of getting elected this decade. Illinois farmers need an effective voice in the General Assembly; right now, they have the modern GOP.

A larger House of Representatives. We last expanded our lower house in 1913, when the US population was less than 1/3 what it is today. As of 2020, each congressional district has an average population of 762,000, with Delaware having its entire population of nearly 1 million represented by one person. The average Canadian riding has 108,000, the average UK constituency is between 56,000 (Wales) and 72,000 (England), and the Bundestag elects 598 members on a proportional basis by party and Land population. One plan I like would take the largest state that currently has 1 representative (Delaware), give it and the three smaller states 2, then use that as the size of the other districts. At roughly 500,000 per district, we'd have around 650 representatives, giving us a House the size of the UK House of Commons.

End Gerrymandering. Require that all electoral districts for any office have compact, contiguous outlines drawn by non-partisan commissions at each level of government. I would also allow multi-representative districts chosen by proportional vote (for example, a 2-person district where the first and second vote-getters win). Canada passed legislation making malapportionment much harder in the 1990s, as did the UK in 2015, while Germany has proportional representation which nearly (but not totally) obviates it. This has to be done nationally, because as the Democratic legislatures in California and Illinois would like to remind the Republican legislatures in Texas and Florida, we'll put down our guns when you put down yours.

Realistic gun regulation, including mandatory licensure and registration, limits and painful taxes on ammunition purchases, and allowing local jurisdictions to set their own regulations—up or down, for the sake of rural residents—on who can own what kinds of firearms. The UK and Australia famously enacted tough laws after mass shootings in 1996; Canada in 1977; Germany in 1973. I should also point out that Switzerland—where every adult male must own a gun—has more liberal gun laws than the US in some ways, but still restricted entire classes of weapons in 2019, and has severe penalties for misusing them.

De-militarize local police forces. There's a reason George Washington feared a standing army, and why many Americans fear they live with one today. Everyone who cares about police policy should read Radley Balko's The Rise of the Warrior Cop. All of our peer nations have strict rules against police agencies using military weapons and tactics, and most UK cops still walk around unarmed and unmolested to this day. I've used Germany as a Continental example for many of these points, so let me just say that Germany has a great deal of experience with heavily-armed local paramilitary forces, and they don't ever want to see them again. Why are we building them here? We frogs need to hop out of the pot—and soon.

Fully-electric commuter rail in Chicago. London skipped from coal to electric in the 1950s, and Munich in the 1920s. Toronto, sadly, still uses diesel trains, but they're fixing that. Sure, this would cost about $5 billion, but it would bring more than that in benefits to the whole Chicago area. For example, a side-effect of London electrifying was to drastically increase the value of workingmen's houses along rights-of-way (seriously, £1.2 m for a tiny house!), as they're awfully convenient to Central London without getting flaming cinders dropped on them anymore.

High-speed rail between most US cities less than 500 km apart, like Chicago-Detroit, San Francisco-L.A.-San Diego, and Dallas-Houston-San Antonio. (Not to mention, real high-speed rail throughout the Northeast Corridor, none of this anemic 110 km/h crap.) Most of Europe has had true HSR since the 1990s, starting with the French TGV in the 1980s. The London-Paris Eurostar came in 1994, moving people between the two cities in just over two hours—quicker than you can get from central London to your airplane seat at Heathrow. It's criminal that it takes 4½ hours to travel the 450 km between Chicago and Detroit, while you can get from Paris to Lyon (also about 450 km) in just over 2. And if they can spend £25 billion (in 2023 pounds) to build a 50-kilometer tunnel under the English Channel, we can spend half that to build a 20-kilometer tunnel under Long Island Sound, FFS.

This list isn't exhaustive, by any means. I believe the US has the resources to accomplish all of them in the next 10 years, let alone the next 50. We just lack the political will, especially in the modern Republican Party, which lacks the understanding that American greatness has always depended on collective effort.

The United States is no longer the greatest country in the world...but it could be again.