Biden’s Regulatory Wish List Will Make Infrastructure Projects More Expensive

“It would be terrific if the Biden administration intended to truly “update and modernize” the Davis-Bacon Act, namely by hollowing it out and allowing workers to truly compete for federal construction contracts in a field where wages are not preemptively set, regardless of the applicant’s experience. After passing an infrastructure bill that was considerably smaller than originally proposed, any opportunities to cut costs should be obvious winners. Unfortunately, despite the new rule’s lack of specificity, Biden’s previous rhetoric on the law is discouraging.

“When President Obama put Vice President Biden in charge of the American Recovery and Reinvestment Act (ARRA), Biden made sure that Davis-Bacon Act and Service Contract Act standards were strictly enforced, requiring that the prevailing wage be paid to construction workers and service workers on all projects funded by ARRA,” noted Biden’s campaign website. “As president, Biden will build on this success by ensuring that every federal investment in infrastructure and transportation projects or service jobs is covered by prevailing wage protections.”

In “Executive Order on Tackling the Climate Crisis at Home and Abroad,” signed a week after he took office, Biden stipulated that “agencies shall, consistent with applicable law, apply and enforce the Davis-Bacon Act and prevailing wage and benefit requirements.” And in his February remarks to labor leaders regarding his plans for a future infrastructure spending bill, Biden indicated that he expected the legislation to create “jobs—good-paying jobs, Davis-Bacon and prevailing wage jobs.”

From Biden’s statements on the subject, it’s clear that any of his proposed “updates” to the Davis-Bacon Act would not make it easier to hire contractors at market rates.”

Dems shift gears on Russian pipeline, backing Biden against Cruz’s gambit

“Top Senate Democrats have long opposed a Russian natural gas pipeline that’s set to enrich Vladimir Putin. But those lawmakers are putting those concerns aside to back up President Joe Biden as he navigates increasingly precarious talks with Moscow.

Democrats have consistently supported sanctions on the Nord Stream 2 pipeline, arguing that the project will jeopardize Europe’s energy security and allow Putin to blackmail his enemies. But as the Senate prepares to vote next week on legislation from Sen. Ted Cruz (R-Texas) that would force Biden to impose those sanctions, Democrats on Wednesday signaled a significant shift in their posture.

The reason, Democrats say, is that they don’t want to undermine Biden while he engages with Russia over its military buildup on the border with Ukraine. As Putin flirts with an invasion of the U.S. ally, Democrats argued Cruz’s legislation would undercut Biden as he seeks to project unity with European allies — and would remove a key leverage point in the talks.”

Biden talks tough on Putin, but European allies are less ready for a fight

“President Joe Biden has warned Russian dictator Vladimir Putin that his country will face severe sanctions if it once again attacks Ukraine. A key question looms, however: Will European countries really go along with serious penalties on Moscow?

On the surface, Europe appears willing. European Union officials and national leaders from across the continent have promised huge economic penalties against Moscow for any new military incursion into Ukraine, in lockstep with their American partners.”

“While much of Eastern Europe — especially Poland and the Baltic states — is on high alert, the issue is nowhere near the top of the political agenda across most of the rest of the continent, where battling the pandemic and its economic fallout remains the priority. In Brussels, EU officials are more focused on why they don’t have a seat at the table for the Jan. 10 talks between U.S. and Russian officials in Geneva than what’s happening along the Russia-Ukraine border. Some countries are reluctant to undermine their business links with Russia; that includes Germany, which relies on Russian natural gas and has backed the construction of the controversial Nord Stream 2 pipeline.”

“Putin has amassed tens of thousands of troops along Russia’s border with Ukraine. If he orders his military forces to stage another land invasion, it will make it hard for most European countries to go easy on him. But if he takes steps that undermine Ukraine short of an invasion — cyber attacks, for instance, or incursions by mercenaries — that could complicate talks between Europe and the United States about how to react.”

“Another complicating factor for the Europeans is uncertainty about how long the tough U.S. stance on Russia will last, especially if Donald Trump returns to the White House after 2024. Although Trump’s administration imposed plenty of sanctions on Russia, Trump himself regularly sought better relations with Putin. Many European officials even question whether Trump would come to Europe’s aid if Russia were to attack a NATO ally, such as one of the Baltic states.

“If Trump wins the next election, we’re on our own,” one European official said. “And then what?”

Such concerns aside, some European leaders have at times given Putin the benefit of the doubt. In the wake of Russia’s aggression toward Ukraine in 2014, European powers, led by Germany, refused for months to bow to U.S. pressure to endorse sanctions against Moscow. Former German Chancellor Angela Merkel was particularly worried about the effect such a move would have on Germany’s substantial trade relationship with Russia.

Merkel insisted for months on fruitless dialogue with Putin in the wake of the Kremlin’s annexation of Crimea even as Moscow-supported separatists escalated the war in eastern Ukraine. President Barack Obama tried to win Merkel over when she visited the White House in May of 2014 — to no avail. It took the downing, several weeks later, of Malaysia Airlines flight MH17 with 298 people on board for Berlin to agree with U.S. demands to impose sanctions.”

“The U.S. could impose new or additional sanctions on Russian banks and energy firms. There also are potential targets in Russia’s mining, metals and shipping sectors, according to former officials who deal with sanctions. Another option is cutting Russia off from the Society for Worldwide Interbank Financial Telecommunication, a critical global network for exchanging financial information. That would be a particularly tough move against Russia’s finance sector, though Russian analysts and others have downplayed the seriousness and note the country is developing an alternative.

The trick is to calibrate the sanctions in a way that doesn’t rebound in too harsh a way on the European economy or, in the longer run, the U.S. economy.

European leaders for now appear intent on deescalating the crisis with Russia, even if it means mollifying Putin with concessions. Just before Christmas, for instance, Austrian Chancellor Karl Nehammer said it would be “false to link Russia’s behavior in the conflict with Ukraine with the operation” of the Nord Stream 2 energy pipeline. That was taken as a signal that Austria would not support any punitive action toward Russia beyond the cosmetic.”

“Biden and his aides have stressed that they are keeping European allies and Ukraine in the loop as the U.S. talks to Russia. Biden’s top aides, including Secretary of State Antony Blinken and national security adviser Jake Sullivan, have been in touch with a range of foreign officials to discuss the Ukraine crisis, and U.S. officials will be in Brussels during the next week for a series of meetings at NATO HQ, including a meeting of the NATO-Russia Council on Jan. 12.

At this stage, however, the administration, like its European allies, is avoiding mentioning details about sanctions possibilities or new weapons shipments it says amount to negotiating in the open.

“We won’t telegraph the specifics publicly, but there is broad consensus between Washington and key allies and partners in Europe on the need for a high impact, quick action response” to Russian aggression, the U.S. official said.”

If Harvard Cared About Equality, It Would Abolish Legacy Admissions, Not ACT and SAT Requirements

“Harvard University has decided to extend its pandemic policy of making SAT and ACT scores optional for applicants until at least 2026, which means standardized test scores won’t play much of a role in admissions decisions for years to come, if ever again at all.

Harvard cited the pandemic as the reason for the extension, but the broader push to abolish the ACT and SAT in college admissions is grounded in a misguided idea that the tests are unfair to underprivileged teenagers. The University of California system, for instance, has moved to stop requiring the exams due to concerns that they disfavored black and Hispanic applicants.”

“As Freddie de Boer, author of The Cult of Smart, has argued very persuasively, some combination of grade point average and SAT/ACT scores is highly predictive of success in college. And it’s simply not true that prioritizing test scores punishes racial minorities more than alternative admissions standards. On the contrary, the more that schools rely on non-academic criteria such as extracurricular activities and legacy status, the more they reward applicants who are wealthy and well-connected. A gifted but impoverished Latino teen who is the first in his family to finish high school has a better shot in a system that cares about his SAT score than in a system that cares if his parents paid for clarinet lessons and secured him a spot on the water polo team.”

“If institutions like Harvard really cared about being fair to the unprivileged, they’d take a machete to legacy admissions: a special boost to applicants who are the scions of previous graduates.”

“The most prestigious educational institution in the country should take the brightest students, and standardized tests are a better metric for that than the alternatives on offer.”

Mail-Order Abortion Pills, Now Officially Authorized by the FDA, Pose an Insoluble Problem for Legislators Who Want To Ban the Procedure

“The Food and Drug Administration (FDA)..announced that it is permanently loosening restrictions on the abortion-inducing drug mifepristone, allowing women to receive it by mail after a telemedicine session. The FDA had already used its enforcement discretion to allow that practice for the duration of the COVID-19 pandemic. The new policy preserves the option, which will play an increasingly important role as many states impose new restrictions on abortion, especially if the Supreme Court decides that the Constitution does not protect access to the procedure after all.
The FDA first approved mifepristone, a.k.a. RU-486 and Mifeprex, in 2000. The standard protocol for a medical abortion currently involves a dose of mifepristone, which thins the lining of the uterus by blocking the effects of progesterone, followed one or two days later by a dose of misoprostol, which causes uterine contractions. The FDA has approved the use of that regimen up to 10 weeks into a pregnancy. In 2019, according to the Centers for Disease Control and Prevention (CDC), 79 percent of abortions in the United States were performed at nine weeks or earlier.

The FDA originally required that mifepristone be dispensed in person by a medical provider. An FDA-approved research project launched in 2016, the TelAbortion Study, aimed to assess the safety and efficacy of prescribing the drug based on “a video evaluation over the internet.” The program expanded during the pandemic, eventually including 17 states and the District of Columbia. According to a TelAbortion report published last March, covering nearly 1,400 packages of pills mailed from May 2016 through September 2000, “this direct-to-patient telemedicine service was safe, effective, and acceptable, and supports the claim that there is no medical reason for mifepristone to be dispensed in clinics as required by the Food and Drug Administration.””

California Promised Street Vendors More Freedom. Instead They Got More Rules.

“the Los Angeles Times published an excellent editorial on Los Angeles County’s continued and outrageous mistreatment of the city’s “iconic” street-food vendors.

The editorial centers on the county’s failure to implement California’s Safe Sidewalk Vending Act. The much-touted, statewide law, which I touched on after then-Gov. Jerry Brown signed it into law in September 2018, was supposed to decriminalize and legalize street vending for the estimated 10,000 underground food vendors in Los Angeles County—and others across the state. As the Times editors detail, that hasn’t happened in Los Angeles.

“Street vending may be legal in California, but for the vendors selling sliced fruit, tacos and other food items it’s nearly impossible to get a permit to operate without fear of penalty, particularly in Los Angeles County,” reads the lede. They blame “state and county public health regulations for selling food from a street cart [that] remain so complicated, impractical and expensive that the vast majority of vendors have not—and cannot—get permitted.”

Hence, years after the law was passed, L.A. County has only issued permits to around two-percent of the underground vendors who sell there. One of the most onerous requirements to obtain a permit, the Times explains, is the rule that vendors must spend thousands of dollars to buy a needlessly fancy food cart that features “four sink compartments, multiple water tanks for washing cookware and hands, and mechanical exhaust ventilation… which is just not practical for vendors who earn $15,000 a year, on average.””

With Russian guns pointed at Ukraine, West and Moscow dive into talks

“Putin will not discuss his invasion and annexation of Crimea in 2014, which the West still views as a violation of international law that must be reversed. Putin also has never admitted, and won’t concede now, that active-duty Russian military personnel are operating in the Donbass region of eastern Ukraine, despite ample evidence to the contrary, including a recent Russian court ruling that discussed contracts for supplying food to Russian forces.

The U.S. and its NATO allies, meanwhile, have already said they will not accede to Russia’s demands that the U.S. remove troops and weapons from Eastern European countries that joined the alliance after 1997. They have already rejected a demand for the removal of all U.S. nuclear weapons stationed in Europe, and also flatly ruled out Moscow’s demand for a guarantee that Ukraine and Georgia will never join NATO.”

“U.S. officials have identified just two areas in which they see the potential for fruitful discussions: on curtailing missile deployments and on scaling back military exercises.

Russia has long complained about existing U.S. “Aegis Ashore” missile defense capabilities based in southern Romania and has recently voiced concerns that Washington would seek to base missiles in Ukraine.

The U.S. and NATO have previously dismissed the concerns about the missile interceptors in Deveselu, Romania, saying they were installed to protect against threats from Iran or elsewhere outside the Euro-Atlantic area. A second Aegis Ashore installation in the town of Redzikowo, in northern Poland, is nearly complete and projected to be operational by the end of this year.

The Poland site, not far from the Russian exclave of Kaliningrad, is likely of even greater concern to the Kremlin.”

“Given the inevitably high cost to Russia of an invasion of Ukraine — in casualties, which could run to the tens of thousands, and in economic and political sanctions imposed by the West — there is some hope in Western capitals that Putin might be willing to back off his threats in favor of negotiations that keep Russia at the center of the geopolitical stage.”

“Blinken said he saw limited opportunity for major advancements”

“While Moscow clearly prefers to speak directly to Washington, which it views as pulling puppet strings at NATO, in recent days, Blinken and other U.S. officials have stressed repeatedly that they will not allow Russia to use the bilateral talks in Geneva to make decisions that impact European allies or for that matter, Ukraine, which is not a NATO member.”

“If Russia has a gun to Ukraine’s head, the West, in its way, has sought to point its own soft-power weaponry back at Moscow — reiterating repeatedly that there will be high-impact economic sanctions. These likely included measures intended to cut Russia’s access to the global financial system.

A fourth EU diplomat said the West would go further than ever before to target not just wealthy Russian figures closely connected to Putin, but also their families — in an effort to severely limit travel to Europe, where Russians often love to spend holidays and shop. While such sanctions might be difficult to defend in court, the diplomat said EU officials were prepared to make the process of fighting the levies as lengthy and difficult as possible.”