Category: Uncategorized (Page 2 of 7)

Putting liberalism first

This was originally published as a section of my Substack newsletter on July 16, 2021. Since I’ve migrated off Substack and the topic of how libertarians should approach politics in the context of an increasingly authoritarian and anti-democratic threat from the right is still (unfortunately) very relevant, I’m reposting it here.

Didn’t you used to be a libertarian?

I’ve gathered from conversations and online interactions that it’s worth addressing how my politics have (and haven’t) changed in recent years. Most of you know that I’ve been active in the libertarian movement for coming on two decades, starting with college summer seminars hosted by the Institute for Humane Studies and leading to an internship and full-time job in the media department at the Cato Institute, freelancing for Reason (which I still do), and other looser affiliations. Then two years ago I voted for a straight Democratic ticket for the first time, last year I marched in Black Lives Matter protests and endorsed Joe Biden, and currently I’m working to build up our local chapter of the Neoliberal Project

This might seem like a significant shift, especially if you’re used to thinking of libertarians as naturally allied with conservatives against the big government left. That brand of fusionism has been on the ropes for years and broke down further with Trump taking over the GOP. Personally speaking, this isn’t just or even primarily about specific policy positions, although Republican policies under Trump gave libertarians plenty to be upset about. My general views on policy haven’t actually changed that much; what has changed is my sense of what to emphasize and whom to ally with.

To think about this visually, let’s bring out our old friend the Nolan chart. [At top.] Libertarians correctly argue that their ideology doesn’t have a place on the typical left-right spectrum of politics. They’re too radical to be described as centrist, but they don’t fit typical conceptions of the left or right either. The Nolan chart plots ideologies along two dimensions instead of one, personal liberty (“socially liberal”) and economic liberty (“fiscally conservative”). This is far from perfect, but it’s popular as a rough approximation of what sets libertarians apart as a political faction while flatteringly putting them at the top of the chart.

A lot of people encounter a version of this chart on the “World’s Smallest Political Quiz” from the libertarian website Advocates for Self-Government. Just for fun, I retook it to see where I fall on it now. It still puts me in the libertarian box but tilted toward the left, with a 100% score on personal liberties and 60% on economic liberties.

I don’t quite agree with this but it’s not bad for a ten-question quiz. It understates my support for economic liberty by only asking questions that code as conservative (privatizing Social Security, replacing welfare with private charity, etc.). It doesn’t ask about the freedom to build multifamily housing, hire immigrants, or trade with foreigners, to name three highly relevant economic liberty issues on which the contemporary right has become increasingly hostile.

Quizzes like this one also oversimplify by not weighting the importance of the questions. Even if I were a more hardcore libertarian on issues related to the welfare state, I wouldn’t rate them as a higher priority than, for example, ending the drug war and its concomitant violent policing, arbitrary asset forfeiture, and excessive incarceration. The gradual legalization of cannabis is one of the most important liberty-enhancing political victories of the past two decades; another is the expansion of marriage rights to same-sex couples. There have been massive shifts on both issues and the left deserves more credit for leading the way. You can make a case that conservatives have defended freedom by opposing excesses of the left, but it’s hard to credit them with actively expanding liberty to any similar degree.

For all those reasons, the left-leaning libertarian corner of the Nolan chart makes sense as a description of where I’d put my political views: accepting of a basic social safety net but committed to free markets and personal liberties. And while my positions on some particular policies have changed over time, as a general description that’s also how I would have described my outlook for most of my adult life.

Something important has changed, however. It’s just not about specific policies or suites of policy preferences, so it doesn’t show up in charts or quizzes built around the things government should or shouldn’t do. It’s more about the need to support the basic political institutions that make democracy possible. This is basic stuff like voting rights, respecting the outcome of elections, preserving the rule of law, and the peaceful transition of power. We might imagine this as a third dimension on the chart mapping a democratic versus autocratic axis, though that gets hard to visualize. This is all tremendously important, but since we live in a mature democracy in which we’re all expected to agree on these things, it typically stays invisibly in the background of our political debates.

The rise of Trump, his attempts to overturn the 2020 election, and his continued grip on the GOP highlight the peril of taking respect for democracy for granted. Trump is bad not just because his bad policies outnumbered his good ones. It’s a mistake to even think about politics in those terms right now. Doing so distracts from a much more fundamental problem: the intellectual and civic decline of the American political right and the Republican party.

When I urged libertarians to vote for Biden, part of the reasoning was that it was simply wrong to evaluate Trump as a normal politician:

In a contest between candidates like Bush and Gore or Romney and Obama, a libertarian could sensibly tally up their policy objectives, compare them to our own, and perhaps come to a weak preference for the lesser evil […] This is no way to approach the difference between Trump and Biden. To paraphrase some old campaign wisdom, “It’s not the policy, stupid.” Trump’s unique malignance endangers the country in ways that set him completely apart from any modern major party contender for the presidency.

I’ve never been enthusiastic about major party presidential candidates, but I also never had reason to doubt their commitment to preserving America as a democratic republic and to honoring the results of our elections. That’s not the case with Trump, who was signaling well before November 2020 that if the vote didn’t go his way, he would use every tool at his disposal to cast doubt on the result and possibly overturn it.

This isn’t a minor failing of a politician, like being caught in an affair or having the wrong position on steel tariffs, that you might sensibly forgive because he’s ultimately on your side. It’s an insidious rejection of hard-won American norms and institutions that shouldn’t be tolerated by any party or movement and it’s dangerous to let it go unchecked.

The crux of my case for Biden was to support him as the pro-institutional candidate and deliver a margin of victory decisive enough to prevent a potential legitimacy crisis. This worked out in the sense that our institutions ultimately held and the winner of the election was installed in the White House. But we fell short in other ways: the margin was narrower than expected, a violent mob assaulted the Capitol with the aim of preventing certification of Biden’s win, and the lie that the election was “stolen” metastasized throughout the Republican base.

I think it’s a mistake to dismiss this as sour grapes of no lasting consequence. The sheer size of the constituency buying into the stolen election narrative (or pretending to for personal gain) is too large to ignore and extends into Congress itself. Our institutions are only as strong as the people who operate within them to uphold free and fair elections and respect the rule of law. We avoided constitutional crisis largely thanks to officials and politicians who put devotion to principles over party, but if they are replaced with partisan hacks, the legitimacy of future elections could be even more tenuous.

There are a few nightmare scenarios for how that could conceivably play out in the 2024 presidential election, such as Republicans in Congress refusing to certify results from a narrowly Democratic swing state or state legislatures sending electors who contradict the will of their voters. I’m not saying this is likely; it probably won’t happen. The point is that even strong institutions are vulnerable if one side is truly committed to refusing to accept defeat and trashing our constitutional order.

You shouldn’t ignore catastrophic risks like that even if you think they’re improbable. And the way you insure against such improbable risks is by not tolerating aspiring autocrats even when they do nice things like deregulate the economy or cut your taxes.

Where does that leave libertarians? I wish I could say the answer is obvious and that we have been united in alarm against the autocratic turn of the American right from the beginning, but that hasn’t quite been the case. Some libertarians downplayed the danger, treated Trump as if he were within the normal bounds of American politics, or worse, enthusiastically welcomed him for shaking up the status quo and owning the libs. (I’ll cop to having been somewhat oblivious myself. I underestimated the possibility of Trump actually winning in 2016 and assumed the GOP would be forced to regroup after the embarrassing spectacle of running him as a candidate.)

Of course, other libertarians were right all along, including the late and greatly-missed Steve Horwitz. In a post from January 2017 that’s worth reading in full, he diagnosed a few reasons why some libertarians were getting Trump wrong. Two worth noting:

1. Too many libertarians are too focused on economics and are less concerned with other parts of the liberal order, especially the formal and informal political institutions that are equally necessary for a free society. […]

2. Too many libertarians hate the left more than they love liberty.

Steve was also clear about how libertarians should relate to the political left given the dangers emanating from the right:

Now, more than ever, libertarians need good-hearted, open-minded people on the left as allies in an attempt to preserve the things we agree on. We should never let our frustrations with the left become more important than preserving the liberal order.

So far, I’ve been intentionally avoiding the word “liberal” because Americans use it in such a peculiar way. In most of the world liberals are people who broadly support personal freedoms, open markets, and democratic institutions. In the United States the word came to be a synonym for “left,” with “more liberal” meaning “more left” no matter how illiberal the extreme left is in actuality. Because of that, we end up resorting to clunkier constructions for describing our political factions. A conservative like George Will is a “classical liberal;” a Democrat like Bill Clinton was a “neoliberal;” Justin Amash and Gary Johnson are “libertarian.” These groups certainly aren’t identical, but by abusing the word liberal we obscure their shared foundations.

Interestingly, “liberal” is becoming something of an epithet among the progressive, socialist, or far left too, as in this sign I came across recently in Portland:

If the word “liberal” is up for grabs, we might as well take it.

Personally, this isn’t a renunciation of the libertarian label so much as it is a change in emphasis. Emphasizing a libertarian identity as a contrast to mainstream Democrats and Republicans makes sense when the worst that can happen is ending up with someone like Barack Obama or Mitt Romney as president. Right now it feels more important to emphasize the longer, wider tradition of liberalism relative to the narrower libertarian movement, even though I situate my own views within both of them. For now, I’m putting liberalism first.

What does this mean in practice? For starters, it means voting for Democrats for the foreseeable future despite significant differences on policy. (Living in a very capital-D Democratic state that’s not well run, I’m not thrilled about this. But Oregon’s dysfunctional Republican party is hardly fertile soil for producing a reasonable alternative.) It means strengthening our election laws. It means working with groups like the Neoliberal Project and the Center for New Liberalism, which I think are better positioned than explicitly libertarian groups to advance pragmatic, liberty-enhancing policies in blue states and cities. And of course it still means working with smart, cosmopolitan libertarians, although that excludes much of the present Libertarian Party.

It also means working with honest people on the right. Nothing I’ve written is inherently anti-conservative or anti-Republican. There are current and former Republicans standing up for truth and liberal democracy, and we need them on our side, but the party is increasingly focused on punishing anyone who dissents from the authoritarian lie that the election was stolen: see Romney, Liz Cheney, or Adam Kinzinger. At the local level, it’s people like Upper Peninsula Michigan state senator Ed McBroom; if you haven’t read this Atlantic profile of him, it’s worth your time. Unfortunately, these are rare exceptions.

To my friends on the right who may be reading this, even if you can’t bring yourself to embrace the word liberal, I urge you to take seriously the threats to our democracy that are coming from your own side. Resist the kneejerk temptation of whataboutism that obsesses over real or imagined problems on the left while deflecting from the failure to get your own house in order. Be more like George Will; this profile is a good place to start. Be more like John McCain; go back and watch his 2008 concession speech to remind yourself how it’s supposed to be done in our country. Above all, break the illusion that America will die if Democrats win elections. You don’t have to like it when they do, and some of the policy results will suck, but this is nothing compared to what you risk by continuing down the path of burning it all down for an authoritarian loser.

Maybe this is alarmist. Maybe it’s cringe. Maybe the political winds will shift, the Trumpian fever will break, and we’ll look back on this period as a weird and very regrettable phase. But as a libertarian and a liberal, I’ve never been more worried about sustaining our most basic political institutions. With different people in our military, Department of Justice, courts, Congress, and state governments, or with an insurrection that managed to kill members of Congress or take them hostage, or with a president who combined Donald Trump’s lack of principle and lust for power with a more capable intelligence, the election and transition could have gone so much worse. Instead of recoiling in horror from that possibility, we have one party perpetuating the lie of a stolen election and making such an outcome more likely in the future.

This isn’t going to fix itself and we shouldn’t surrender our country to people who cosplay as defenders of freedom, liberty, and the Constitution while assaulting its democratic foundations. If we ever want to get back to a more normal politics, it’s up to the liberals of all parties to make sure they don’t succeed.

A libertarian case for Harris, part 2

A few weeks ago I wrote a libertarian case for the Harris-Walz ticket at Liberal Currents. My old friend and former Cato colleague Gene Healy wasn’t quite persuaded. From the Cato blog:

Reluctance I can understand; but what’s the argument for enthusiasm? The case Grier makes is pot-forward and prog-friendly: Harris-Walz is the “first major party ticket ever to support legalizing cannabis”; they’re also dovish on crime, pro-abortion rights, and generally exhibit humane, pluralistic values. As libertarian nourishment goes, I find it more than a few crumbs short of the full brownie.

Now I have my own response up at Liberal Currents:

The baseline expectation for libertarians is that many of our ideas will be unpopular and that the state will be gratuitously cruel. That is not going to change overnight, but it’s no excuse for indifference to the outcome of the 2024 election. Faced with the real danger of an actual authoritarian in American politics, I am amazed by so many libertarians’ inability to rise to the occasion and proclaim their willingness to do the bare minimum to defeat him, namely voting for Kamala Harris.

Read ’em both!

A libertarian case for Harris

Someone had to write it and I am happy to be that guy. New today at Liberal Currents, read the whole thing:

As a longtime affiliate of the libertarian movement, I’ve often shared such pox-on-both-their-houses disdain for the major parties. In the current circumstances, I find it hopelessly dated and out of touch. The threats to liberty, democracy, and the rule of law coming from the Democrats and Republicans are not remotely symmetrical. In no presidential election in my lifetime has the question of whom to vote for been so easily decided.

My libertarian friends, I’m telling you: It’s OK to get excited about a major party ticket. You should endorse Harris and Walz, not with reluctance but with genuine enthusiasm.

Harris-Walzbanger

  • 2 oz Tattersall toasted coconut aquavit
  • 3 oz freshly-squeezed orange juice
  • 1/2 oz freshly-squeezed lemon juice
  • Galliano float
  • orange twist, for garnish

Shake the aquavit and juices. Strain into a collins glass. Fill with ice and top with a float of Galliano and garnish with an orange twist.

Summer playlist

For the past few years I’ve been putting together a summer playlist to highlight recent music I’ve been digging. Here’s this year’s: lots of new music, a few covers, and quite a bit from bands I’ve been fortunate to catch live. Enjoy!

Australia’s new drug war on nicotine

Australia is often lauded as a world leader in mainstream tobacco control. But on the ground, things are descending into chaos. New from me at Reason:

Since March of last year, the Australian state of Victoria has been rocked by a series of arsons and firebombings. Some of the targets are victims of extortion; others are caught in an escalating turf war between rival gangs. Two men with links to organized crime have been publicly murdered, one in a broad-daylight shooting at a shopping mall in a Melbourne suburb. Violent conflict is not unexpected in organized crime, but what is unusual is the drug at the center of this conflict: nicotine.

E-cigarettes are already only legally available with a prescription, though widely sold illicitly. The government is now on the verge of passing a bill to penalize suppliers of e-cigarettes with up to seven years in prison. Deadly cigarettes, meanwhile, remain freely available, if exorbitantly taxed. Read the whole thing.

Some book news

Brett Adams and I had so much fun writing our first book together that we’ve signed on to do a second! From Publishers Marketplace:

In The Bartender’s Library we’ll be taking a much deeper dive into spirits and cocktails inspired by the Multnomah Whiskey Library, the incredible bar in Portland where we first met and where Brett is now the full-time curator and education manager. Save a spot on your shelf for this one, it’s going to be a big project for us.

In the meantime, pick up our first book Raising the Bar if you haven’t already. If you’re in Portland, you can pick up a signed copy from us personally tomorrow (Thursday, May 23) at Cup of Joe coffee:

We were also on the local news yesterday mixing up some spring cocktails. Check out that segment here.

Recent writing

For the Washington Examiner, I reviewed Fuchsia Dunlop’s excellent new book on Chinese food, Invitation to a Banquet:

At first, I lamented the lack of recipes, but many of these dishes would be wildly impractical to cook at home. Bear’s paw, an archaic dish chosen to illustrate interest in the rare and exotic, is not something you’re going to find in the butcher’s counter at Whole Foods. You could perhaps obtain enough duck tongues to prepare a meal, but cooking them for yourself somewhat misses the point. The appeal of duck tongue lies less in its particular culinary qualities than in the blunt fact that there is only one per duck. To be served the duck’s tongue or the pig’s ears or the goose’s feet is a sign of status. “The frisson of knowing that you are the chosen ones, dining on the finest and scarcest ingredients the restaurant has to offer, is one of the secret pleasures of the Chinese gourmet,” Dunlop writes.

Ungated link here.

At Slate, I warned that a federal menthol ban would be an unwisely risky political move for Biden:

The danger for Biden is that while most voters might not care too strongly about a ban either way, the group of people who actually smoke menthols care very much. This wouldn’t matter if the president were elected by popular vote, relative to which the number of menthol smokers motivated to vote on the issue is likely small. But what counts for 2024 are the margins in swing states. Some of these were extremely narrow in 2020, with Biden winning Georgia and Arizona by fewer than 12,000 votes. In that context, the risk of losing votes from some of the millions of Americans who smoke menthol cigarettes is worth taking seriously.

In this case, the Biden admin appears to agree with me! A couple weeks after I wrote this, they announced that the ban has been indefinitely put on hold.

Massachusetts keeps arresting people for selling flavored e-cigarettes

Last week the Massachusetts Multi-Agency Illegal Tobacco Task Force released its annual report. That probably isn’t exciting reading for most of you, but it’s a really useful document for understanding the impact of prohibitionist tobacco policies. In 2019, Massachusetts became the first state to pass a comprehensive ban on flavored nicotine and tobacco products. Flavor bans are studied by health academics for how they affect consumer behavior, but this annual report is one of the few sources that reveals how these policies affect law enforcement.

Advocates for flavor bans portray them as simple product regulations, dismissing concerns that they will lead to arrests and prosecutions. This year’s report from Massachusetts shows once again that these advocates are wrong. A few excerpts from the section on criminal investigations:

In May of 2023, Mansfield PD and State Police investigators seized untaxed flavored ENDS products (to include THC ENDS products) following an investigation and search of a residence. This case is being prosecuted by the Bristol County District Attorney’s Office. [Note: “ENDS” refers to electronic nicotine delivery systems, a.k.a. e-cigarettes.]

In June of 2023, the State Police arrested a Lynn man in possession of untaxed flavored ENDS products, marijuana, and US Currency. This case is being prosecuted by the Essex County District Attorney’s Office.

In June of 2023, the State Police arrested a Boston man in possession of untaxed flavored ENDS products as well as marijuana. He was charged with tax evasion. The case is being prosecuted by the Plymouth County District Attorney’s Office. 

In October of 2023, the State Police arrested a Malden man in possession of untaxed flavored ENDS products as well as Class C and Class D controlled substances. He was charged with tax evasion and motor vehicle offenses. This case is being prosecuted by the Middlesex County District Attorney’s Office. 

In November of 2023, the State Police arrested a Randolph man while in possession of flavored ENDS products. He was charged with Tax Evasion and Motor Vehicle Offenses. This case is being prosecuted out of the Plymouth District Attorney’s Office. 

In February of 2024, the State Police along with CIB, the Woburn and Worcester Police Departments, and Homeland Security Investigations executed 29 search warrants on businesses, residences, vehicles, individuals, and bank accounts. Investigators seized approximately 280,000 flavored ENDS products as well as flavored cigars and unstamped cigarettes. Investigators also seized approximately seventy (70) pounds of marijuana packaged for distribution, hundreds of cases of THC and Psylocibin-laced products (Class C Controlled Substances), multiple jars of pure THC oil and THC crystalline, and one unsecured firearm. Investigators also seized over $1 million as proceeds of the illegal sales of these products. State Police arrested a New Hampshire man on two counts of Possession with Intent to Distribute a Class C Substance and Possession with Intent to Distribute a Class D Substance. This investigation, which is being prosecuted by the Attorney General’s Office, remains open and ongoing. 

Violating the flavor ban is a misdemeanor, but in Massachusetts as in most other states, selling untaxed tobacco products can rise to the level of felony offense. Flavor bans drive sales of e-cigarettes to the illicit market, putting sellers at risk of being charged with tax evasion. In Massachusetts that can lead to penalties of up to five years in prison.

These cases can take years to resolve in the criminal justice system. A Massachusetts case I highlighted for Reason two years ago, for example, has yet to go to trial. A contraband tobacco case there from 2017 didn’t reach sentencing until last week. But arrests and prosecutions are ongoing, so it’s only a matter of time before someone is sentenced to prison in the United States for selling flavored e-cigarettes to consenting adults, and more cases will surely follow.

Other recent research concludes that flavor bans increase sales of conventional cigarettes, shifting consumption from relatively low-risk vaping to extremely high-risk smoking. So in addition to creating illicit markets and leading to arrests, prosecutions, and imprisonment, the policies likely don’t even benefit public health. Flavor bans are a dumb, illiberal idea that progressives need to move on from.

Previous coverage: I wrote about last year’s report for Reason. And of course, see my recent book The New Prohibition for an in-depth case against illiberal tobacco policy.

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