Tag: austin

Lone Star Rail Insanity

Interstate 35 between San Antonio and Austin is congested, so obviously (to some people, at least) the solution is to run passenger trains between the two cities. Existing tracks are crowded with freight trains, so the Lone Star Rail District proposes to build a brand-new line for the freight trains and run passenger trains on the existing tracks. The total capital cost would be about $3 billion, up from just $0.6 billion in 2004 (which probably didn’t include the freight re-route).

Click image to download a PDF version of this map.

By coincidence, that was the projected capital cost for the proposed high-speed rail line between Tampa and Orlando (cancelled by Florida Governor Rick Scott), which are about the same 80-miles apart as Austin and San Antonio. But, despite the cost, Lone Star wouldn’t be a high-speed rail line. According to a 2004 feasibility study, trains would take about 90 minutes between the two cities, with two stops in between. While express trains with no stops would be a bit faster, cars driving at Texas speeds could still be faster.

Lone Star is asking the San Antonio city council for $500,000 to help pay for an environmental impact statement and other studies. Austin has supposedly already agreed to fund its share, though it isn’t in the city’s budget.

Lone Star is promising 32 trains (16 each way) carrying 20,000 riders (10,000 round trips) per day at fares of up to $12. That’s more than 600 riders per train; though some may not go the entire distance, it still seems high. Megabus currently operates three buses a day that take 85 minutes between the two cities at fares of $1.50 to $7.50. It seems likely that if there were 20,000 people per day wanting to pay $12 to take the trip at the same speed, Megabus would find them.

If the goal is to relieve congestion on I-35, two new lanes would probably cost less than a billion dollars and would be capable of moving far more vehicles per day than Lone Star would take off the road. Of course, the highway is probably not congested over the entire route, so two new lanes for the full length probably aren’t necessary. Besides, self-driving cars will probably go on sale and eliminate any need for passenger trains before the first Lone Star train would turn a wheel.

San Antonio Mayor Ivy Taylor, who famously cancelled the city’s even more backwards streetcar project, says that Lone Star isn’t one of her priorities. “There will be benefits from this alternative transit option, but we have to be good fiscal stewards,” she added. Local taxpayers should hope that she and the San Antonio city council can resist the starry-eyed Lone Star plan.

When Should Courts Overturn Precedent?

Cato legal associate Nick Mosvick and I explain that Citizens United overturned one 20-year-old court decision in the name of restoring an older tradition upholding First Amendment rights, in a new article about to be published in the (Chapman University Law School) Nexus Journal of Law & Public Policy

Here’s the abstract:

Stare decisis is an important doctrine with deep roots in the common law. It “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” Payne v. Tennessee, 501 U.S. 808, 827 (1991). Indeed, our interest in the law’s stability and predictability, and the reliance interests produced by judicial decisions, sometimes dictate that incorrect legal rulings be maintained — because the social disruptions from correction outweigh the benefits of reaching better decisions.

Still, stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U.S. 558, 577 (2003), nor a “mechanical formula of adherence to the latest decision,” Helvering v. Hallock, 309 U.S. 106, 119 (1940). Instead it is a prudential policy, one in which courts have to decide, based on factors such as the correctness, antiquity, and workability of the legal regime a precedent created, whether to overturn their earlier rulings. As Chief Justice Roberts put it in his Citizens United concurrence, “abrogating the errant precedent, rather than reaffirming or extending it, might better preserve the law’s coherence and curtail the precedent’s disruptive effects.” 130 S. Ct. 876, 921 (2010) (Roberts, C.J., concurring).

And so the Court in Citizens United found that both Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), and the part of McConnell v. FEC, 540 U.S. 93 (2003), that relied on it were not worthy of preservation. They created an arbitrary and increasingly irrational campaign finance system that was an aberration of restrictions in a sea of protections for political speech.

Moreover, then-Solicitor General Elena Kagan abandoned Austin’s speech-equality rationale during oral argument, undercutting any possible reliance interests. Only by overturning precedent could the Court contribute to the stable and orderly development of the law. This article will explain the role stare decisis played in Citizens United and build on the Chief Justice’s concurrence to describe the current state of the doctrine.

Thanks to Larry Solum for featuring us on his Legal Theory Blog.

Citizens United and False Consciousness

The Washington Post offers a brief item this morning on the upcoming Citizens United reargument. Robert Barnes writes, “The court is considering whether to overturn its previous decisions that restrict unions and corporations from using their general treasuries to influence election campaigns.”

Actually, a better description of the case would be: the Supreme Court is considering overturning decisions that restrict corporations from using their general treasuries to try to influence election campaigns.

In the most important decision at issue, Austin v. Michigan Chamber of Commerce, the latter organization wished to run an advertisement naming a candidate and supporting his views on economic policy. That ad may have convinced some voters. It may have repelled others. Many voters would not have been moved at all. Whatever influence the ad might have had would have depended on its reception among the voters.

Many people would like to see Austin affirmed. Absent restrictions on corporate issue spending, they say, business would have too much influence on policymaking. But the Supreme Court said in Buckley v. Valeo (and more recently) that restricting speech in the name of equality violates the First Amendment. Others see corporate spending as a kind of corruption and thus subject to the restrictions of campaign finance law. But if Austin falls,  corporations will not be able to give candidates contributions in exchange for favors. They will be able to fund speech independently of campaigns and parties.

In truth, I think many people who support proscribing corporate spending in campaigns believe speech by business is “bad speech” that will make for bad policies. But “prior restraint” of speech clearly violates the First Amendment. Voters, and not censors, are supposed to decide what constitutes “bad speech” and “bad policy.” The fear of corporate speech often reflects a fear that voters will be persuaded by business interests to endorse candidates and policies that are not in the interest of the most voters. But coercion to preclude false consciousness is not compatible with the foundations of a liberal republic, the form of government ordained by the U.S. Constitution.

So the Court may well let corporations and labor unions try to influence elections. Voters will decide whether such organizations actually do influence elections.

Here’s a video produced by Cato’s Caleb Brown and Austin Bragg following the oral argument of Citizens United (and featuring Yours Truly):