Regular MOJ readers know that several of us are interested in questions of urban planning, land-use policy, etc. So, consider spending a few minutes with this article by John Tierney in today's New York Times magazine: "The Autonomist Manifesto (Or, How I Learned to Stop Worrying and Love the Road)".
The article is a gold mine, and includes discussions of some really interesting things being done with highway design, toll-road policy, etc. -- particularly in San Diego.
Here's a quote:
Americans still love their own cars, but they're sick of everyone else's. The car is blamed for everything from global warming to the war in Iraq to the transformation of America into a land of strip malls and soulless subdivisions filled with fat, lonely suburbanites. Al Gore called the automobile a ''mortal threat'' that is ''more deadly than that of any military enemy.'' . . .
I sympathize with the critics, because I don't like even my own car. For most of my adult life I didn't even own one. I lived in Manhattan and pitied the suburbanites driving to the mall. When I moved to Washington and joined their ranks, I picked a home in smart-growth heaven, near a bike path and a subway station. Most days I skate or bike downtown, filled with righteous Schadenfreude as I roll past drivers stuck in traffic. The rest of the time I usually take the subway, and on the rare day I go by car, I hate the drive.
But I no longer believe that my tastes should be public policy. . . .
Like Tierney -- and like many other academic / "BoBo" / Jane Jacobs-loving types -- I prefer smaller, older houses; sidewalks; mixed-use development; density; etc. I also find mind-numbingly tedious the hectoring of many "anti-sprawl" types, whose opposition to suburbs seems to stem as much from snobbery toward "those people" who live in them as it does from real data or a principled embrace of a strong community ethos. Tierney challenges many assumptions -- particularly unexamined environmentalist dogmas like "we are losing too much farmland", or "commute times are getting longer and longer" -- that are not challenged often enough.
Discussing a group of theorists he calls the "autonomists", Tierney writes:
These thinkers acknowledge the social and environmental problems caused by the car but argue that these would not be solved -- in fact, would be mostly made worse -- by the proposals coming from the car's critics. They call smart growth a dumb idea, the result not of rational planning but of class snobbery and intellectual arrogance. They prefer to promote smart driving, which means more tolls, more roads and, yes, more cars.
Drawing on authorities ranging from Aristotle to Walt Whitman, the autonomists argue that the car is not merely a convenience but one of history's greatest forces for good, an invention that liberated the poor from slums and workers from company towns, challenged communism, powered the civil rights movement and freed women to work outside the home. Their arguments have given me new respect for my minivan. I still don't like driving it, but now when the sound system is blaring ''Thunder Road'' -- These two lanes will take us aaanywhere -- I think Bruce Springsteen got it right. There is redemption beneath that dirty hood.
If I remember correctly, Alan Ehrenhalt made a similar point in his wonderful book, "The Lost City: The Forgotten Virtues of Community in America."
Now, I would not endorse the argument that "because automobiles and sprawl both reflect and enable autonomy, automobiles are therefore good." Still, I'm chastened by observations like this:
Intellectuals' distaste for the car and suburbia, and their fondness for rail travel and cities, are an odd inverse of the old aristocratic attitudes. The suburbs were quite fashionable when only the upper classes could afford to live there. Nineteenth-century social workers dreamed of sending crowded urbanites out to healthy green spaces. But when middle-class workers made it out there, they were mocked first for their ''little boxes made of ticky-tacky'' and later for their McMansions. Land Rovers and sports cars were chic when they were driven to country estates, but they became antisocial gas-guzzlers once they appeared in subdivisions.
I'd welcome others' reactions. . . .
Rick
Saturday, September 25, 2004
Chiming in about today's story in the New York Times about Catholic-friendly health-care plans: Right up there, in the "silliness" department, with Ms. Kissling's complaint about "substandard" care (see Rob's post below), is this nugget from Representative Pete Stark: "Medical care is a science. Getting medical care and religion mixed together is just as bad as getting church and state mixed together."
Of course "medical care is a science." But "science" is never just science: Questions about, for example, what constitutes "medical care", about what "science" should or may do, about how to deliver and fund "medical care", etc., are precisely the kinds of questions to which religion speaks. And, to pretend that questions about the application, conduct, and distribution of "science" are themselves merely technical, scientific questions is, well, silly.
On another front, I suppose these plans will soon be challenged on the ground that they impermissibly "endorse" or "advance" religion, and are not simply permissible (and praiseworthy) "accommodations" of faith.
Rick
Today's New York Times reports on a new "Catholic" health plan offered as part of the package of choices given to federal employees:
The Bush administration has broken new ground in its "faith-based" initiative, this time by offering federal employees a Catholic health plan that specifically excludes payment for contraceptives, abortion, sterilization and artificial insemination.
Among a bevy of nonsensical quotes in the article, the prize for silliness goes to Frances Kissling:
Frances Kissling, president of Catholics for a Free Choice, an independent organization of Catholics who support reproductive choices, criticized the inclusion of a plan with such restrictions in the federal program.
"I don't think substandard medical care should be offered through the federal government," she said.
So now not only does the group Catholics for a Free Choice stand for the availability of procedures like abortion, sterilization, artificial insemination, and contraceptives, but if individuals choose to forego those procedures, they have subjected themselves to substandard health care? This certainly gives some indication of the particular conception of "choice" with which the group is concerned.
Rob
Friday, September 24, 2004
The Seventh Circuit has ruled in an immigration case involving a woman seeking asylum to avoid China's practice of forced sterilizations and abortions.
Unfortunately, in what has to be one of the most offensive, snide, and injudicious judicial opinions I have ever read, Judge Evans felt compelled to complain that the Court's ruling (in the woman's favor) would "open the floodgates" to those who "take issue with" China's practices and "do[] not want to submit to [China's] population control policy" (Imagine! The nerve of these people! "Not want[ing] to submit"!):
The majority opinion is beautifully written and quite persuasive. Yet, despite the fact that it concludes by saying we are "not holding here that every woman of childbearing age in China will automatically be entitled to asylum in this country, because they are all potentially subject to the coercive family planning policies," I think, as a practical matter, we are either doing, or coming close to doing, just that. How is Lin's case going to be different from that of any other Chinese woman who takes issue with China's policy and arrives here saying she does not want to submit to its population control policy?
No doubt, Lin's story (if true) is quite compelling. Who would want the state to force a woman to have an abortion? On the other hand, China has a huge population problem, and there are people who applaud efforts to fix it. But when Congress, in 1996, amended the law to add forced abortion as a ground for granting refugee status, it made a value judgment about China's population control policy. That is interesting because it looks a bit like the congressional antiabortion faction outmaneuvered its anti-immigration faction-- which itself is ironic, given that most members of Congress who belong to one o f the factions belong to the other as well. Given the present state of law, it seems that every Chinese woman of childbearing age who says, to quote the words of the statute, that she is in a state of "resistance to a coercive population control program," can only be denied asylum in America if her story is incredible. As a practical matter, that's pretty hard to establish. So, given the present state of the law, the floodgates are probably open. . . .
This is amazing. "On the other hand"? "[T]here are people who applaud efforts to fix [China's 'huge population problem']"? How morally obtuse can this "judge" be? Yes, Congress did "make a value judgment about China's population control policy." How could it not?
Rick
This week the diocese of Tucson became the second to file for bankruptcy, further underscoring the importance and timeliness of Seton Hall Law School's upcoming conference, Bankruptcy in the Religious Non-Profit Context, scheduled for November 5 and featuring a stellar scholarly lineup, including MoJ's own Mark Sargent.
Rob
I was blessed, after law school, with the opportunity to work for a brilliant and decent man, Judge Richard S. Arnold of the United States Court of Appeals. He died late last night, after a long struggle with cancer and related complications.
The Judge was humane, wise, and devout. I'd encourage any MOJ readers who are law students to track down (on Westlaw, etc.) one of the many tributes to the Judge that have been written over the years. There are few like him. In terms of the law, he was an old-school liberal who admired both Justice Black and Justice Brennan, and a textualist with originalist leanings who loved and respected Justice Scalia; he was a "strict separationist" who really did believe that such a legal regime was essential to preserving religious freedom; he was passionately committed to fairness and to the dignity and rights of litigants and defendants; he knew that the law should be just, yet knew also that judges cannot right every wrong. His writing was at the same time elegant and simple, clear and memorable.
On a more personal level, he was a southern gentleman -- dignified, unfailingly gracious, and inspiringly considerate. He studied scripture daily, took long retreats with monks, saw God at work in the world. He advised and taught my wife and me about law, but also about faith and family.
God bless him.
Here is Howard Bashman's post on the news, with a link to the local paper's story.
Rick
Thursday, September 23, 2004
In the September 27th issue of AMERICA, which is published by Jesuits of the United States, there are (at least) three items that readers of this blog may be greatly interested in:
George Weigel, "A Catholic Votes for George W. Bush".
James R. Kelly, "A Catholic Votes for John Kerry".
Thomas E. Buckley, "A Mandate for Anti-Catholicism: The Blaine Amendment".