TUESDAY, OCTOBER 26 , 2021. THE WASHINGTON POST EZ RE A25
BY DANIEL YERGIN
AND PETER TIRSCHWELL
O
n Oct. 13, President Biden assumed
the unofficial title of supply-chain
manager in chief. He proposed a
“90-day sprint” to try to untangle
the gigantic snags in global trade that, as of
Thursday, had forced 79 container ships to
anchor off the ports of Los Angeles and
Long Beach, Calif., a n all time record. With
no berths available, they were unable to
unload cargo with a combined value of
almost $8 billion, according to industry
sources and our organization’s proprietary
data.
Biden’s fixes are limited. The Great Sup-
ply Chain Disruption has been more than a
year in the making (last October the first
three container ships idled off the Los
Angeles-Long Beach port complex), and
the supply chain mess will almost certainly
continue deep into 2022.
The president’s alarm is justified. Supply
chain woes are snarling the U.S. economy
and stoking inflation. Factories are tempo-
rarily shutting down, manufacturers delay-
ing deliveries, agricultural exporters losing
overseas markets, retailers struggling with
empty shelves and consumers worrying
whether orders will arrive by Christmas.
The Biden administration brokered a
deal to have the Los Angeles-Long Beach
port complex — the nation’s largest —
operate around the clock, rather than its
usual 16-hour days, and obtained agree-
ments from some major importers to pick
up containers in the middle of the night.
That’s a m ove in the right direction, but
it’s a s mall step: The initial agreement with
shippers covers less than 5 percent of the
containers moving through the complex.
The causes of this maelstrom are deeper-
seated than any 90-day cure can address.
During the pandemic, locked-down con-
sumers, unable to go to stores, switched to
e-commerce. Four to six years of anticipat-
ed e-commerce growth has been com-
pressed into one year. All those personal
computers, toys, power tools and Pelotons
are typically shipped via container, mainly
from Asia. Shipments into the United
States surged.
Instead of being delivered to stores, the
imported goods went to distribution cen-
ters, for direct delivery to homes. Except
that there was nowhere near enough distri-
bution center capacity, and a nationwide
labor shortage has reduced the pool of
warehouse workers and truck drivers.
The result? Containers taking much lon-
ger to unload and move off the port facili-
ties, and newly arrived ships waiting a
week or much longer to unload. Importers
often have no choice but to leave contain-
ers either piling up at the port or in the
parking lot of a warehouse with no workers
available to unload them and nowhere to
put them. That compounds the disruption:
Too many containers — the building blocks
of global trade — are out of circulation.
The supply-chain workforce has itself
been disrupted by the pandemic, owing to
covid-19 itself or withdrawal from the labor
market. Covid-related shutdowns of ports
in China and Vietnam have further
strained supply chains.
All of this has drained capacity and
flexibility from a global system based on
more than 20 million containers. Freight
rates have shot up: A container formerly
could be shipped from Asia to North Amer-
ica for $1,500, but rates have reached as
high as $30,000 in recent weeks. The
expense is inevitably passed on to retailers
and then to consumers.
The White House chided U.S. ports,
saying they “have failed to realize the full
possibility offered by operation on nights
and weekends.” Ports in China — the origin
of almost 42 percent of all containers
coming to the United States — do operate
24/7. Productivity is a challenge. It takes
three times as long to unload a container in
U.S. West Coast ports as it does in China,
according to IHS Markit port data.
But it isn’t so easy for U.S. ports to
operate around-the-clock because the en-
tire system of ports, trucks and warehouses
needs to move in lockstep to keep the
containers moving.
Distribution centers would need to be
open 24/7 to receive trucks, but the centers
typically are not. Expanding port hours
accomplishes little if the truckers can’t
drop off containers at distributions centers
that are not open at night.
The continuing disruption is generating
various legislative proposals, but they can’t
address the sources of the imbalance. Last-
ing solutions instead must come from two
elusive things: “more” and “less.”
More as in more workers — not a simple
fix, because a shortfall in workers is bedev-
iling the entire U.S. economy.
Less as in an easing of consumer de-
ma nd. That would relieve pressure on the
entire system and help return it to balance.
The pandemic-fueled spike in buying
goods may be past its peak, as people get
out of the house and spend more on
services. Yet if the easing reflects a slowing
economy (and a response to rising infla-
tion), that would be a high price to pay for
ending the disruption. Adding to the pres-
sures: Manufacturers still need to rebuild
depleted inventories, and retailers need to
refill empty shelves.
The president may want to sprint, but
it’s going to end up a marathon.
Daniel Yergin, the author of “The New Map:
Energy, Climate, and the Clash of Nations,” is
vice chairman of IHS Markit, where Peter
Tirschwell is vice president of Maritime and
Trade.
Why the
supply chain
crunch will
continue
A
fter more than a decade of defend-
ing Obamacare, Democrats should
have learned that Republicans
will use every tool available to
s abotage a Democratic president’s signa-
ture achievement.
So why are Democrats making it easier
for that to happen to President Biden’s
agenda?
As Democrats decide how to trim their
safety-net-and-climate bill, progressives ar-
gue for keeping every item on their wish list,
funding each for only a few years rather
than prioritizing fewer, permanent mea-
sures. They assume every program will
prove so popular that future Congresses,
even Republican-controlled ones, will have
no choice but to renew them.
After all, look how difficult it was for
Republicans to dislodge the Affordable
Care Act!
But that is precisely the wrong takeaway
from the Obamacare fight.
It’s true that killing a benefit already in
place is politically perilous. But Obamacare
came extremely close to being repealed in
2017 all the same. And critically, t he default
for that law was to continue. The programs
Democrats are considering now would ex-
pire on their own. It’s much easier for
Congress to kill a program through inaction
than action.
Additionally, the ACA experience shows
why Biden’s slate of programs might be
especially vulnerable to either lapsing — or
collapsing.
Any major government initiative that
passes along partisan lines is inherently
less resilient because the other party isn’t
invested in its success. In fa ct, in the current
political climate, the other party is li kely to
be actively rooting for (or accelerating) its
failure.
That doesn’t mean Democrats should
waste time chasing un-gettable Republican
votes for Biden’s package, as they did during
the 2010 Obamacare negotiations. This
time around, Republican leadership made
abundantly clear that they planned to block
Biden’s agenda at all cos ts. And in any case,
any Democratic priorities Republicans
were willing to support have already been
peeled off in the separate bipartisan infra-
structure package.
It does mean, though, that Democrats
should anticipate, and account for, efforts
to undermine their agenda.
For example: Sprawling pieces of legisla-
tion such as this often have drafting erro rs
or structural flaws that are noticed only
after the bill passes. Historically, Congress
had been willing to quietly pass routine
“technical corrections” bills to fix these
errors. The ACA changed things, though.
Passing legislation to fix even minor glitch-
es in Obamacare (among other laws passed
with party-line votes) has since proved ex-
ceedingly difficult. Ambiguities in the law
can also make it easier for future adminis-
trations to undermine its implementation.
That’s why it’s critical for Democrats to
get the nitty-gritty design details right up-
front. This is their one shot to ensure pro-
grams are bulletproof. They mustn ’t jam
through a b unch of half-baked proposals
(as they are reportedly now considering,
including with a not-yet-stress -tested “bil-
lionaire tax”) and cross their fingers that
defe cts will be fixed later.
A structurally unsound program will risk
not only expiring, but also never getting off
the ground in the first place. Or it may
backfire, if there are unanticipated and
uncompensated losers from the plan.
(There were some in the ACA, despite
pledges to the contrary.)
Additionally, some of Democrats’ pro-
grams, such as a child-care expansion, are
expected to require partnerships with
states. States could choose to opt out of
these programs, though, thanks to a Su-
preme Court decision on Obamacare’s Med-
icaid expansion.
A dozen states have still not adopted the
Medicaid expansion, even though the feds
offer generous financial incentives to par-
ticipate. We should expect the same with
Biden-era programs.
How can Democrats minimize this risk?
One option is building in backup plans,
such as allowing a county to apply for
child-care funds even if the state’s governor
opts out.
Another is — and I realize I sound like a
broken record — n arrowing their priorities
and funding them permanently, instead of
financing everything for just a few years.
One of the key talking points that Repub-
lican governors, state lawmakers and lob-
byists have used to ju stify opting out of the
Medicaid expansion is that Congress might
someday renege on its high federal funding
match and leave states holding the bag.
This concern is arguably disingenuous; if
anyone would slash federal Medicaid ex-
pansion funding, it would be members of
their own party.
But this is a much more realistic worry
for Biden’s agenda. The risk of a future
funding lapse is not merely hypothetical;
it’s what progressives would write the law to
actually do. If funding for a complex new
initiative such as child care isn’t guaranteed
for at least 10 years, more states might balk
at making substantial investments upfront.
If Democrats want their “transforma-
tive” agenda to not only pass but endure,
they will need to evangelize it aggressively
— something they learned a little too late
with the Obamacare rollout. The GOP’s
onslaught of anti-Build Back Better propa-
ganda is inevitable.
But Democrats also need to give Republi-
cans less material to work with.
CATHERINE RAMPELL
Democrats
haven’t put
Obamacare’s
lessons to use
T
he trial over Ahmaud Arbery’s
killing promises to be yet an-
other high-stakes test of the
proposition that such a t hing
as colorblind justice can exist in these
United States.
Arbery, an unarmed Black man —
where have we heard that before? —
was chased down, accosted and killed
near Brunswick, Ga., by White vigilan-
tes in February 2020 for the offense of
running for exercise through a White
neighborhood. The vi gilantes say they
thought he looked like a burglar, hav-
ing come to that conclusion even
though Arbery, 25, was not carrying
anything when they confronted him.
We must be shocked and appalled
that “jogging while Black” is a capital
crime in this country. But at this point,
sadly, we can’t be surprised.
The only reason we know about the
circumstances of Arbery’s killing, and
the only reason his three accused kill-
ers are on trial for murder, is that one
of them recorded the whole thing on
his smartphone. The man who made
the video, William “Roddie” Bryan,
52, claims he did nothing but use his
truck to help chase down Arbery. The
other two defendants — Greg
M cMichael, 67, and his son Travis
M cMichael, 35 — are seen confronting
Arbery, attempting to “arrest” him in
an encounter that ends with Arbery
dead after three gunshots.
Incredibly, local prosecutors initial-
ly took no action at all against the
McMichaels and Bryan — a decision
that may or may not have something to
do with the fact that Greg McMichael is
a former county police officer and a
former investigator for the district at-
torney’s of fice. Authorities deemed the
White men’s actions justified under a
Georgia law permitting citizen’s ar-
rests, although the McMichaels saw
Arbery do nothing suspicious except
jog past their house. While being
Black, of course.
At this point, I need to remind you
that all of this took place in 2020, not
- I’m tempted to paraphrase The
Who: Meet the New South, same as the
Old South. But the unacceptable truth
is that this sort of thing — the killing of
unarmed Black people who are just
minding their own business —
h appens in other parts of the country
as well.
The wheels of justice creaked into
motion only after Bryan’s video went
viral, more than two months after the
slaying — and just weeks before the
nation erupted in turmoil over the
killing of another unarmed Black man,
George Floyd. If there had been no
video, there would almost surely be no
accountability whatsoever for Arbery’s
death.
The dif ficulty now, as jury selection
in the trial of Bryan and the
M cMichaels enters its second week, is
that so many potential jurors have
seen the video — and, like me, have
formed strong opinions about the case.
As one told Chatham County Superior
Court Judge Timothy Walmsley, “Some
things you can’t just unsee.”
The video shows Arbery jogging
along a t ree-lined road when he comes
upon the McMichaels’ truck, where
Travis McMichael stood beside the
driver’s side door with a shotgun and
Greg McMichael was in the pickup’s
bed with a handgun. Arbery tries to
run around the truck and is hidden
from view for several seconds. Then he
and Travis McMichael come back into
view, engaged in a struggle, and we
hear the fatal shots.
The citizen’s arrest theory of the
defense involves Greg McMichael’s
claim that Arbery resembled a man
captured earlier by a security camera
walking suspiciously through a h ouse
under construction. There had appar-
ently been some burglaries in the
neighborhood, and, well, we all know
that a Black man in a White neighbor-
hood is by definition a likely suspect.
We also know that Black men, in gener-
al, are assumed to have superhuman
strength and malign intent.
The basic facts of the incident are
not in dispute. The verdict on Bryan’s
and the McMichaels’ guilt or inno-
cence will likely hinge on two ques-
tions of law: whether the trio were
justified, under a Civil War-era statute
(which has already been repealed, in
response to Arbery’s killing), to detain
a man they believed, rightly or wrong-
ly, had committed a crime; and wheth-
er Travis McMichael, as he struggled
physically with Arbery, was justi fied in
killing him in self-defense. The defense
will likely argue that race had nothing
to do with the tragic encounter.
If I were one of the prosecutors, I’d
ask the jury to do a thought experi-
ment. I’d have them imagine Travis
McMichael jogging through one of
Brunswick’s majority-Black neighbor-
hoods and being physically detained
by three Black men, two of whom are
brandishing firearms and one of
whom ultimately kills him. Would they
call that a l egal arrest? Or would they
call it murder?
This one looks open and shut. Then
again, this is America. So, we ’ll see.
EUGENE ROBINSON
C an colorblind justice
be done in this country?
STEPHEN B. MORTON/ASSOCIATED PRESS
Greg McMichael, center, with lawyer Laura Hogue during jury selection at his murder trial in Georgia on Monday.
BY LIZ SHULER
T
he picket line has been crowded
lately. Tens of thousands of
workers are on strike, including
nurses in Massachusetts,
U nited Auto Workers at John Deere,
coal miners in Alabama, metal workers
in West Virginia, hospital workers in
New York, ironworkers in Pennsylvania
and Kellogg’s workers in four states.
I recently walked the picket line with
Keith Bragg, Darlene Carpenter and
other members of the Bakery, Confec-
tionery, Tobacco Workers and Grain
Millers International Union Local 358
in Richmond. They saw Nabisco making
record profits while trying to weaken
health coverage for new hires. Bragg
and Carpenter told me they refused to
sell out their younger colleagues
through a two-tiered system — and after
a five-week strike, they won a contract
that preserved good benefits for all.
Across industries, workers are stand-
ing in solidarity to demand dignity and
decency. Some observers see these
strikes as one more sign of chaos against
the backdrop of an endangered democ-
racy, a persistent pandemic and an
increasingly unequal economy.
But this is not chaos. It’s the opposite.
Strikes are leading indicators that
our country is heading in the right
direction — a healthy response to imbal-
ances of power created by employers
who believe they should be able to
squeeze more and more out of the
workers who make their companies
profitable. They are profoundly demo-
cratic and participatory processes in
which workers of different backgrounds
and political beliefs unite to take a
collective risk in pursuit of a better
future: voting to organize, to strike, and
to accept or reject contracts.
Workers strike because they’ve hit a
breaking point and have no other op-
tion. Among those on the picket lines
are essential workers who have held up
our economy and delivered lifesaving
services for the past year and a half.
They’re striking now because, despite
everything they’ve sacrificed, their em-
ployers are still refusing to provide safe
workplaces and fair wages.
At the start of my career, I got
involved in an organizing campaign to
help clerical employees at the electrical
utility where I worked; they didn’t have
a voice or power like their unionized
colleagues in other parts of the
c ompany. Through that campaign, I
realized that worker solidarity could be
the difference between a fair deal and a
raw one.
Now, as the newly elected president
of the AFL-CIO, America’s federation of
labor unions, it’s my mission to bring
workers’ voices and perspectives into
the national debate.
Nurses, teachers, manufacturers who
produce our staple goods and other
essential workers are tired of being
thanked in one breath and treated as
expendable the next. They’re frustrated
at being denied health care, meal and
rest breaks, living wages and reasonable
hours. They’re done watching CEOs
make 299 times more than their work-
ers. John Deere recently raised its CEO’s
pay by 160 percent while offering work-
ers a 5 to 6 percent pay increase. That’s
how unbalanced our system is today.
Recent hand-wringing about a short-
age of workers misses the point. The real
scarcity story is a dearth of safe, good-
paying, sustainable jobs. It’s in the best
interest of any business — and our
nation’s economy — to settle strikes,
give workers a fair deal and get them
back to work.
The labor union is how Americans
have always turned bad jobs into good
ones. Collective bargaining and negoti-
ating pushes the economy forward so
people don’t have to work two or three
jobs just to get by. Striking is a right that
leads to better policies, better benefits
and better lives. And strikes will keep
happening until we fix our economy so
it works for working people.
The best places to start are the Pro-
tecting the Right to Organize Act and
the Public Service Freedom to Negotiate
Act. Both would rewrite our labor laws
for the 21st century and rebalance the
workplace power dynamic.
Two in 3 Americans support unions —
the highest marks since 1965 — includ-
ing 3 in 4 young people. And roughly
60 million people in the United States,
or nearly half of all non-unionized
workers, would join a union if given the
option. But until we update our outdat-
ed labor laws, management will contin-
ue to intimidate and fire workers who
try to organize.
To anyone wondering why Americans
are on strike, the answer is clear: Work-
ers are fed up and fired up. The pandem-
ic laid bare the inequities in our system
— and now, exhausted and endangered
workers simply refuse to return to lousy
jobs. It’s time for employers to recognize
our rights and their responsibilities.
The writer is president of the AFL-CIO.
‘Striketober’ isn’t a sign of chaos —
it’s a healthy development for the country
Workers strike because
they’ve hit a breaking point
and have no other option.