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August 18th, 2018:

Partial halt to bail lawsuit order

Here comes the Fifth Circuit again.

A majority opinion by Circuit Judge Jerry E. Smith halted part of an order by Chief U.S. District Judge Lee H. Rosenthal which compelled certain defendants to be released immediately on no-cost bail in cases where a person with the money, arrested on the same charge, would be immediately released. Defendants must have an individualized bail determination made by a judge within 48 hours, the ruling says. The newest member of the appeals court, a Trump appointee, Judge Kyle Duncan, concurred with his holding.

They said that despite Rosenthal’s “well-intentioned effort to comply,” the instruction allowing immediate release to qualified poor defendants “easily violates the mandate, which explicitly found that individualized hearings would remedy the identified procedural violations.”

In a dissenting opinion, Circuit Judge James E. Graves Jr. wrote that Rosenthal’s order corrects an inequity that is protected by the constitution.

“However thorough and fair it may be, an individualized hearing 48 hours after arrest cannot ‘fix’ the deprivation of liberty and equal protection suffered by an indigent misdemeanor arrestee who is automatically detained prior to that hearing ‘solely because [she is] too poor to pay’ a preset amount of secured money bail,” Graves wrote.

The majority wrote that Rosenthal’s orders were too expansive, straying from their earlier instructions to “narrowly tailor” her 2017 injunction to address certain deficiencies that were placing pressure on judges to move too quickly. Judges that the 14 judges who questioned this portion of Rosenthal’s ruling were likely to win on the merits, the ruling says.

See here for the background. I disagree with the Fifth Circuit’s ruling here, but again this is about the injunction, not the merits of the case. This is about how these courts will operate until a ruling on the merits is made or a settlement is reached. Or, you know, until we elect some better judges in November. Never forget that part. KUHF has more.

CD32 poll: Sessions 47, Allred 45

Another internal poll, another close race.

Colin Allred

Texas Rep. Pete Sessions’ re-election race is looking increasingly competitive, with Democrat Colin Allred polling close to the longtime Republican lawmaker, according to a new internal Democratic survey.

The Dallas-area 32nd District is traditionally GOP territory. But this year’s race is considered competitive, in part because the 32nd is one of three Republican-held districts in the Lone Star State that Hillary Clinton carried in 2016. Inside Elections with Nathan L. Gonzales rates the race a Toss-up.

Sessions led Allred 47 percent to 45 percent in the initial head-to-head matchup, according to the polling memo shared first with Roll Call.

The poll, conducted by GBA Strategies, also showed both Sessions and President Donald Trump with low favorable ratings. Forty-one percent of those surveyed viewed Trump favorably while 38 percent had a favorable view of Sessions.

Twenty-three percent viewed Allred favorably, but only 15 percent viewed him unfavorably, signaling that respondents might not have strong opinions of the Democratic nominee or know much about him.

Standard disclaimers about internal polls apply, and as always it’s just one data point. The main thing I take away from these and other Congressional district polls is that they offer corroborating evidence for the statewide polls we have seen and the closer-than-usual environment we are in. I hope we get enough of these to get a feel for what the trendlines might look like as well.

The autonomous cars/mass transit debate

Seems to me this should be a “both-and” rather than an “either-or”, but you know how I get.

Autonomous vehicles that will outperform buses, cost less than Uber and travel faster than cars stuck in traffic today are two years away. Or 10. Or 30.

But visions of the future they’ll bring have already crept into City Council meetings, political campaigns, state legislation and decisions about what cities should build today. That unnerves some transportation planners and transit advocates, who fear unrealistic hopes for driverless cars — and how soon they’ll get here — could lead cities to mortgage the present for something better they haven’t seen.

“They have imbued autonomous vehicles with the possibility to solve every problem that was ever created in transportation since the beginning of time,” said Beth Osborne, a senior policy adviser with the advocacy group Transportation for America. “That might be a tad bit unrealistic.”

In Indianapolis, Detroit and Nashville, opponents of major transit investments have argued that buses and trains will soon seem antiquated. In Silicon Valley, politicians have suggested something better and cheaper is on the way. As New York’s subway demands repairs, futurists have proposed paving over all that rail instead for underground highways.

Autonomous cars have entered policy debates — if not car lots — with remarkable speed. And everyone agrees that making the wrong bets now would be costly. Cities that abandon transit will come to regret it, advocates warn. Driverless car boosters counter that officials wedded to “19th-century technology” will block innovation and waste billions.

[…]

Highways today can carry about 2,000 cars per lane per hour. Autonomous vehicles might quadruple that. The best rail systems can carry more than 50,000 passengers per lane per hour. They move the most people, using the least space. No technology can overcome that geometry, said Jarrett Walker, a Portland-based transportation consultant.

“Let’s talk about what we can predict,” he said. “The problem of the city is a problem of sharing space. In 2100, the problem of the city will still be a problem of sharing space.”

By that logic, cities should invest even more in high-capacity rail and dedicated bus lanes in key corridors. Autonomous vehicles might handle other kinds of trips — rides from the train station home, or through suburban neighborhoods, or across the parts of Las Vegas without rail.

This possibility is not radically different from today. Uber and Lyft offer the closest approximation to how people will behave in an autonomous future, when consumers use cars they don’t own. Both companies are frequently cited by opponents of transit. But they also now back big transit investments, without which their riders in congested cities would be stuck in even worse traffic.

No system of autonomous cars could be more efficient than the New York subway, said Andrew Salzberg, Uber’s head of transportation policy and research. Uber needs that transit, just as it will need electric scooters and bikes and the congestion pricing it also supports in New York to ensure that cheaper transportation doesn’t simply lead to more traffic.

I see a lot of value in finding ways to use autonomous cars as shuttles to help solve “last-mile” problems. Find places where getting people to and from bus stops across large parking lots or other non-pedestrian-friendly turf as a way to entice more bus usage, for example. Here in Houston, that might also mean connecting people in the farther-flung parts of the Medical Center to the light rail stops. I don’t see any value in claiming that autonomous cars will replace transit, or in arguing that transit projects should be put on hold until autonomous cars are more prevalent. We need solutions for the short term, and this is what can help for now. Let’s focus on that.