A half-lay take on South Dakota v. Dole (1987)

My favorite Supreme Court case teaches us that the point of roads is control of the mechanisms that control the roads. USDOT can use this to compel states to do better.

Image: Oyez (source)

I’m writing about South Dakota v. Dole, 483 U.S. 203 (1987) as someone who has never trained in interpreting the law, but as someone who’s trained extensively in transportation. As I’ve developed my opinions and thoughts (right here!), I’ve come to understand that try as planners do, they’re ultimately at the bottom of the power ring, just above average Facebook mom and just below average in-person Facebook mom. There’s simply too many mouths to feed, even with $300 billion-plus to go around.

This case, heard in front of the Rehnquist Court in 1987, effectively allowed the Federal Government to retain 5% (increasing to 10% in later years) of highway funds from each state if said state did not set their legal age to purchase alcohol at 21. Seems reasonable, right? It’s especially reasonable for those born after 1967: Wyoming was the last state to raise its drinking age in 1988, making uniform de facto the legal age to purchase alcohol.

There’s likely those who disag…