Power Line

Today is May Day, but also the Victims of Communism Memorial Day, and as such today is the prefect days for this classic-hybrid format podcast, featuring Steve Hayward in a conversation with Elizabeth Spalding, chair of the Victims of Communism Memorial Foundation. (Elizabeth is also Senior Fellow at the Pepperdine University School of Public Policy and Visiting Fellow at the Van Andel Graduate School of Government at Hillsdale College.)

The Foundation has opened the Victims of Communism Museum in downtown Washington DC, and you should put it on your itinerary for your next visit to the nation's capital. 

We call this a "hybrid" format because it comes in two parts. Following the conversation with Elizabeth, this episode offers Steve's recent speech at the Victims of Communism Museum about Reagan and Churchill on the Cold War, a major part of Steve's book about the two great statesmen.

We're going up a day earlier than usual this week, partly because our constantly irregular travel schedules complicated things again, but more importantly to be timely, as John, Steve, and Lucretia have LOTS of thoughts on the Supreme Court argument Thursday about whether ex-presidents should enjoy broad immunity for any or all acts they took while in office. Steve and Lucretia think the president does, while John thinks textual support for the proposition is lacking. Steve and Lucretia respond with an appeal to first principles, and enlist as an expert witness Harvey Mansfield, because of his unique book on the inherent ambivalence of executive power even in a constitutional republic, Taming the Prince. As usual, we fought to a draw.

Our second subject is the ongoing Kristalnacht on campus. There's not much new to say except to calibrate how cowardly university administrators continue to be, and note that even some liberals, like George Packer in The Atlantic (who provides our article of the week, "The Campus-Left Occupation That Broke Higher Education") are starting to figure out what conservatives have known about higher education for two generations now. It's as if no one ever bothered to notice Closing of the American Mind.

This week's ad-free episode is probably better thought of as a Two Whisky Happy Hour, because John Yoo is away on a lecture- and Philly-cheesesteak-procurement tour back east, and Lucretia is out of action right now, too, though she appears in this episode by proxy, so to speak. So two whiskies it is.

Last weekend, Lucretia and I offered a keynote session for Ammo Grrrll's annual CommenterCon conference in Phoenix, which is an annual gathering of Ammo Grrrll's best friends and devoted fans from around the country. My theme was "Will it get worse before it gets worse?", and Lucretia offered some thoughts on the future of free speech.

We had some technical difficulties with our sound recording devices, so the recording has a sudden and noticeable quality shift right in the middle, and you can't always make out the audience questions perfectly, but we think listeners will still enjoy most of it.

Steve hosts this crisp episode despite his creaky voice from a springtime bug (and Lucretia is partly hobbled, too) covering a lot of ground, starting with a brief recap of the latest (unanimous!) property rights victory at the Supreme Court, but then moving quickly on to initial reactions to the outbreak of World War III yesterday. What to make of Iran's attack on Israel? Many things are not clear about this impetuous scene.

Closely related, while the Biden Administration seems determined to tamp down the prospect of a wider war in the Middle East, it seems to be inviting one with Antony (Blank) Blinken saying a week ago that Ukraine should or would become a member of NATO. Are they trying to make Russia dig in, or draw the U.S. more directly into the war (which NATO membership would require)? We also ponder J.D. Vance's very clear-headed New York Times op-edthat reviews the grim math of the Ukranian battle scene, making us wonder whether the Biden Administration has any strategy at all beyond "fight to the last Ukranian."

Then we ponder briefly the astounding scene of the anti-Semitic protests in the back yard of Berkeley Dean Erwin Chemerinsky, with Steve arging that to see this incident as a matter of the limits of free speech is woefully inadequate. 

But the bulk of the episode is devoted to analyzing the latest abortion controversies, starting with the Arizona Supreme Court decision upholding the validity of Arizona's pre-Roe statutes, and observing as usual the way this narrow and largely technical ruling is being mis-reported in the media and misrepresented by the left. The main portion of this segment, though, is devoted to Trump's announcement that he does not support federal legislation of abortion and wants to leave the issue iup to the states. Does this make him the modern-day equivalent of Stephen Douglas, as John Davidson argues in our Article of the Week over at The Federalist? Lucretia will startle many regular listeners with her analysis of the matter, to which John and Steve largely agree.

In fact, it is an amazing how much agreement we had this week, but perhaps because we recorded in the morning sans-whisky, and with Steve and Lucretia ailing.

John Yoo takes command of host duties this week, as Steve was on the road at an academic conference at City University of New York, where a knowledgeable faculty member remarked that he was surprised Steve didn't need an armed guard. The conference was largely devoted to the intellectual history of the liberal tradition, and was designed perfectly to induce a scornful snort from Lucretia who disdains all such flim-flummery. The bonus was that Steve apparenlty brought an earthquake with him, and we're not referring to his conference paper!

Aside from these unexpected things, there were fresh tremors for Trump's legal problems, Biden's long-expected turn against Israel that was designed to appear to a constituency of one (hint: the person insists on being called DOKTOR), fresh encomiums for Mitch McConnell (okay—it was not unanimous), and finally into some tremors for the income tax.  

As Stan Evans liked to say, "Any country that can land a man on the moon can abolish the income tax," and now a member of the House has proposed repealing the 16th Amendment. Especially salient in light of the pending Supreme Court case that might allow the government to tax unrealized asset gains (a back-door wealth tax), which will guarantee that the government will adopt a de factopolicy of 10 percent inflation forever.

This week's episode has it all, starting with the lamentable fact that when you hear "porn is everywhere these days," it included even the Powerline website this week, and then proceeding to the obscenity of the John Eastman disbarment, the disappointment with the 5th Circuit's decision preventing Texas from securing its territorial integrity, on how best to squash squatters, and a vigorous argument about the legacy of the recently deceased Joe Lieberman. (Steve and John give Lieberman a thumbs-up, while Lucretia. . .)

All three of us independently chose the same article for our picks for Article of the Week—Walter Russell Mead's Tablet magazine piece entitled "Twilight of the Wonks." It has some magnificently harsh language about the leaders of our elite educational institutions, such as "moral jellyfish," and leaders who are "careerist mediocrities who specialize in uttering the approved platitudes of the moment." We're less sure about Mead's diagnosis about the role of narrow specialization in the decay of our universities.

At least we have Krispy Kreme donuts coming soon to McDonald's to look forward to.

This episode could be mistaken for the Three Martini Happy Hour, because this week's episode comes with a tangy twist. John Yoo is away this week, so we brought in a ringer to take his place: Prof. Hadley Arkes! Thus this episode become a Positivism-Free Zone, in which we review the deepest ground of the natural law unencumbered by John's usual alarums, excursions, and errors.

The episode comes in three parts: Hadley made some news yesterday, celebrating the retirement of the noted Notre Dame Law professor Gerard V. Bradley, who will be joining Hadley at the James Wilson Institute on Natural Law and the American Founding. 

From there Hadley proceeds to answering the question that we've been kicking around ever since the Dobbs decision, namely, just how should pro-life politicians break out of their self-imposed muteness about abortion. Hadley has the strategy.

Finally, we spend some time toward the end getting down some of Hadley's "origin story" that brought him to Leo Strauss's classroom at the University of Chicago back in the 1960s, and key friendships made along the way—especially our late friend and unsung hero Michael Uhlmann.

Note: We had some internet glitches while recording this episode that weren't easily edited or smoothed over, so we ask listeners' indulgence with these hiccups, in return for which we'll present this installment ad-free.

Move over "Republicans pounce" as the favorite media deflection. We now know that when an old man yells at clouds—or members of Congress—the media fall in line and declare it "fiery."

Well the 3WHH is authentically fiery! Four habanero spicy! This week more than ever.

After dissecting the Hur testimony and its missed opportunities, we take on the issue of whether Biden is playing senile on purpose, what to make of the Tik-Tok forced sale proposal, what to make of Chuck Schumer's proposal for an putsch in Israel, and finally, another round in the ring on constitutional originalism, prompted by Frank DiVito's article out this week, "Can Constitutional Originalism Overcome Our Crisis?"

Lucretia hosts this week's episode, which we recorded in the morning over coffee instead of whisky because travel schedules prevented the normal and proper Friday evening happy hour, and guess what? We're even worse without whisky! 

Among the news and issues treated this week: Why Biden isn't FDR (he's not even Harry Truman); why this was the worst SOTU (Lucretia offers a different acronym) speech ever; whether there are signs of life for the GOP in California after all; how immigration and abortion are playing out in the campaign cycle so far; how to think about the Supreme Court decision in the Colorado case dealing with Trump's eligibility for the ballot (hint—it ain't over till it's over); and finally, can Harvard be serious in asking for a government bailout? The unifying theme here is galloping dishonesty, which is being normalized more and more every day.

Our articles of the week are (from Steve): Daniel Patrick Moynihan's classic essay "Defining Deviancy Down," newly salient in an age of truth-denying euphemisms like "justice-involved youth" and "newcomers" instead of "migrants" (which was a substitute for "illegal alien"); Lucretia ponders the challenges of Alex Berenson's Substack article on new threats to free speech; And John draws our attention to the original 14th Amendment article from Baude and Paulson that brought us to the Supreme Court steps earlier this week, plus responses (also here) that got overlooked at the time, now largely vindicated.

This episode has everything: a how-to guerilla guide to improving your McDonald's hamburger experience; a spirited discussion of the Alabama Supreme Court decision that defines frozen embryos as persons (Steve thinks the media is willfully misreporting the decision—John is not so sure); those crazy new presidential rankings from political scientists—and even some soft-core porn!

Say what?

Well, it turns out that that Judge Arthur Engoron, who oversaw Trump's alleged fraud trial in New York City, apparently has a case of Anthony Weiner envy, and posted some rather racy locker room pics of himself some years back. And right in the middle of our discussion Lucretia flashed the pictures up on the Zoom screen, sending John and Steve rushing for some eye-bleach. There must be something in the bottled water Manhattan Democrats drink. (And doesn't Engoron sound like the name of a dwarve or elve who goes bad in Lord of the Rings?) Click through the link here if you are brave.

In any case, we do finally get around to a new segment of the 3WHH, where we note three articles from the last week for what they can tell us about something. John chose those stupid presidential rankings; Lucretia chose an MSNBC article from leftist columnist Paul Waldman that unwittingly admits that everything conservatives say about the administrative state is completely true; and Steve picked Karol Markowitz's NY Post column reflecting on how recent social science that ratifies the conservative view that two-parent families are the best way to raise children is so contoversial with the left, which is no surprise.

We're up a day early with this week's episode because of schedule problems, but mostly to get a drop on the streaming services with our new (un)reality TV show, "The Real Prosecutors of Atlanta," starring Big Fani Willis. OMG, is this not the best television since last week's Super Bowl?

Steve show up, however, with a gin martini instead of peaty whisky, which drew a rebuke from You Know Who, who had three proper whiskies on hand for the episode.

But this episode isn't all fun and giggles. We also rake up the ongoing immigration saga in Washington, complete now with an impeachment! And also analysis of Trump's supposed attack on NATO and surrender to Putin, though some of us think this is another sign of Trump's peculiar genius.

Finally, can we really be so lucky that a week later the Hur report is the gift that keeps on giving?

John Yoo is where?? Mexico!?!? So after all that talk the last couple weeks saying the situation at the southern border did not constitute an "invasion," now he's in Mexico on some undisclosed clandestine mission. Which makes no sense: they don't even have McRibb there.

Taking John's place this week is Inez Stepman of the Independent Women's Forum, frequent contributor to the New York Post, First Things, The Federalist, and other premier outlets, and co-host of the High Noon podcast on the Ricochet network. She was more than game to join Lucretia in beating up on Steve.

We invited Inez to weigh in on the long-running debate we've been having here about the Civil War, how to understand it correctly, and how presidential candidates like Nikki Haley should talk about it. From the we take a look of David Frum's quixotic attempt in The Atlantic to "uncancel Woodrow Wilson," to which were in heated agreement that David is off his rocker.

Then John Hinderaker joins us to give us the latest news about the firebombing of his office this past week, plus a few summary impressions of the Michael Mann vs. Mark Steyn cage match playing out in court in Washington DC, where John sat in on the trial several days last week. Does this politically-motivated arson fire presage a return to the bad old days of the Weather Underground of the late 1960s?

Thematic exit music this week is "Burning Up My Time" by Pigeons Playing Ping Pong.

This special ad-free edition, posted a day ahead of the usual schedule because of the urgency of events at the southern border, finds the 3WHH hosts engaging in their own civil war over the question of whether states have any remedy when the federal government abdicates is responsibility to protect the border. Steve and Lucretia were in rare accord—well maybe not quite complete accord*—against John's positivist position of federal supremacy uber alles.

Our normally genteel whisky-sipping salon became more of a bourbon-swilling barroom brawl, and indeed we were tempted to call this episode "Showdown at the Positive Law Corral." Steve thinks the crisis over Texas's assertion of its right to defend the border, and the demand of the Biden Administration that Texas back down by tomorrow, represents the kind of "right of revolution" moment contemplated in the Declaration of Independence, especially since the governors of 25 other states have signaled their agreement with Texas.

But the rare concord between Steve and Lucretia breaks down when the subject turns to the Haley-Trump cage match in New Hampshire primary.


(*To paraphrase an old Bill Buckley line, if you think it is hard to argue with Lucretia, just try agreeing with her. It's nearly impossible.)

This week's episode covers more ground more quickly than a Josh Allen or Patrick Mahomes passing attack. Which the Philadephia Eagles won't get to experience because they flopped in the first round of the playoffs last weekend, falsifying one of John Yoo's predictions for 2024 that the Eagles would make the Super Bowl. We're hoping his brief to the Supreme Court in the case of Trump's place on the Colorado ballot is more on the mark.

We mostly skip over the fine points of John's brief and take in a wider look at the entire pool of briefs filed in this case, wondering, for example, why the world needs an Amicus brief from the Ryan Binkley for President campaign. This prompts us into wider still observations about other current issues involving the administrative state, which somehow managed to bring up the Statute usually banned from mention on this podcast, John Locke, and the weaknesses of modern property rights theory.

Which ultimately brings us to the question heldover from the last two weeks: Nikki Haley and the Civil War. It is now apparent that Haley's momentum in the nomination contest halted abruptly with her flub of the Civil War question, and alas some of our friends are still not getting the question right, such as our good friend Dan Oliver. We go over the matter from Square One, and try—not for the first time—to school John on the issue of prudence. Oh, and we also make our prediction for the New Hampshire and South Carolina primaries coming up.

On the eve of the Iowa caucuses Monday, we got to wondering just who or what lives up to the description of "Iowa Stubborn" in Meredith Wilson's "Music Man":

And we're so by God stubborn
We can stand touching noses
For a week at a time
And never see eye to eye!

Is it Trump, DeSantis, Haley—or the legions of lawyers waging endless lawfare against Trump? It's a trick question. Lucretia—the host for this week's episode—actually hails originally from Mason City, Iowa, which is the inspiration for "River City" in the Broadway play, which explains a lot about our Lucretia when you think about it.

Anyway, John and Steve declare their picks if they were caucusgoers, but then the episode turns quickly to the latest frontiers of the lawfare against Trump, from which we have an inside perch of sorts: John is busy spending the weekend workng up an amicus brief for the upcoming Supreme Court hearing on the case involving Colorado's attempt to ban Trump from the ballot on grounds he is an "insurrectionist." (Trump, not John.) And since the brief have to be turned in next Thursday for this fast-track case, it's very fresh in mind.

We also consider the latest developments in other Trump cases, too. Did Trump's lawyers really claim that in fact he could shoot someone on 5th Avenue if he was back in the White House. (Short answer: No.) And what accounts for Hunter Biden's reversal of his refusal to submit to a House subpoena for a deposition? Has Texas first the first shot of a new rebellion by taking over part of the souther border? Has the Supreme Court signaled that enough is enough with rampant urban homelessness by granting cert in an appeal of lower court rulings that the homeless have 8th Amendment (that's right, 8th Amendment) rights to sleep on the streets wherever they want? (The Court had previously declined to hear this issue.)

All that and our usual good cheer and raspberries, including the fact that we recorded on Edmund Burke's birthday. To paraphrase the great lyric from our title tune, "Oh, there's nothin' halfway/About the Whisky way we treat you/If we treat you/Which we may not do at all."

Ronald Reagan used to joke that for Republicans, every day is the 4th of July, while for Democrats every day is April 15. Today we need to update that contrast by noting that the favorite new holiday for Democrats is January 6—"Insurrection Day."

We'll get to Joe Biden in due course, but the real insurrection this week took place at Harvard, where, as John Yoo predicted last week (we have receipts!) Claudine Gay was ousted in a right-wing putsch,a vertiable academic insurrection against all that is true and good (if you believe the left and Gay's causal explanation). A harbinger of things to come? Our panel weighs the chances, but the key clue to real change will be whether Harvard starts by reforming its governing board, currently dominated by political hacks. And who will be the next president of Harvard? We offer some guesses. . .

Then we turn to Biden's demagogic campaign speech warning about the "end of democracy," and are undecided whether it deserves a sneer or a snort, but above all wondering if will backfire on Biden. Clearly Democrats hope to bait Trump into making crazy statements, but Trump's way-outside-the-box comments are fairly well discounted by now. Is this the best they've got? Well, at least they are securing their base of NPR listeners.


We also take up the late-breaking news that the Supreme Court will take up on an expedited schedule the Colorado ruling throwing Trump off the ballot, with a few early thoughts, though we'll be all over this story in depth right after the oral argument next month.

And finally, a few quick closing thoughts on the latest Jeffrey Epstein non-revelations.

Who needs a rockin new year's party when you have the Three Whisky Happy Hour in peak form, dishing out on the top stories of 2023, and, in the spirit of the late financial analyst Byron Wein, offering a range of potential low-probability surprises (rather than firm predictions) for 2024.

What's the difference between a prediction and a surprise? Well think about it this way: who would have predicted, at year end 2022, that right now our favorite Democratic Senator would be . . . John Fetterman? Black swans everywhere are saying, "I did NOT see that coming!"

But before getting started with your 2024 Bingo card we take note of the dumbest controversy of the week, which is seeing some conservatives upset at the "Conservative Dad's Real Women of America" 2024 calendar, which features fetching photos of leading conservative heroines such as Riley Gaines in fetching outfits. Along the way we learn that somewhere in a box in her garage, Lucretia has some modeling photos from her time doing the Jane Fonda workout back in the 1980s, and so we're committing ourselves to producing a 3WHH calendar at some point.

And speaking of attractive women in unattractive poses, Nikki Haley got her second strike this week (her first being the blunder several weeks ago of proposing to ban anonymous accounts on social media) when she completely flubbed the "planted" question about the cause of the Civil War. We deplore her Kamala-esque answer and attempts a cleaning it up, but are relieved that at least she didn't say "tariffs."

And as befits any fast-moving party conversation, we take surprising digressions, such as a detour into the legacy of Edward Tufte, who reminds us that Stalin had the greatest Power Point presentations ("no one has bullet points like Stalin's bullet points!") and also the single greatest chart of all time.

Eventually we get down to business with our picks for Story of the Year for 2023 (hint: Steve says "party like it's 1954!"), and our surprises for 2024. Get your Bingo cards ready. And also enjoy our exit bumper music this week from Spike Jones. Happy new year!

This special holiday week bonus episode features a conversation between Steve and Will Inboden, author of a fabulous recent book based on the very latest declassified files of the Reagan presidency entitled Peacemaker: Ronald Reagan, the Cold War, and the World on the Brink. (Steve reviewed the book favorably in the Free Beacon.)

In his distinguished career Inboden has worked on Captiol Hill and at the National Security Council under President George W. Bush. He was professor and director of the Willian Clements Center for National Security at the University of Texas at Austin, but is now the brand new director of the Hamilton Center for Classical and Civic Education at the University of Florida, which is one of the brand new initiatives several states have set in motion at their public universities to generate some actual intellectual diversity on campus.

This two-part conversation covers both topics—Reagan's statesmanship, and the problems of higher education today. And because this episode features The Gipper, it ends with a departure from the usual closing bumper music.

This week's special, ad-free edition of the 3WHH was recorded in live webinar format with about 80 of our most loyal listeners tuning in and heckling us MST3K style (IYKYK) in the chat room, but for a holiday episode it partook more of Judgment Day at times, as we reckoned with some lingering issues from our Cage Match about J6 and the Ukraine War two weeks ago, along with a thoroughly judgmental detour into "Lookism." Steve, in particular, recalls Taki's old case from the 1980s that Jane Fonda was the ugliest woman in America, while we reveal Lucretia's guilty secret that she in fact once owned the Jane Fonda Workout video from that glorious era.

But if the judgment of our three bartenders remains divided, we are unanimous in scorn for the Colorado Supreme Court, who somehow think that safeguarding us from "threat to democracy" requires preventing political parties from choosing their nominees, and since when did Orwell don judicial robes?

The cleaning crew is still scrubbing the blood off the floor from last week's cage match about Ukraine and January 6, and already Ali and Frazier (that is, Lucretia and John) want to go for a sequel—maybe "Rumble in the Faculty Club Food Court" or something. (And yes, since we recorded in the morning instead of evening happy hour like we are supposed to, talk turned to McDonald's and breakfast meats. Steve blames John for McDonald's stock slumping this week while the broad market had a monster rally.)

While we await Don King's promotion for Cage Match 2 next week, we devote this episode to catching up on the other news of the moment, especially the rot in higher education as fully revealed by last week's ignominious appearance of the presidents of three Poison Ivy League universities (boy did we call it or what).

But then we also note the curious legal cases that popped up this week, especially Jack Smith's Hail Mary pass to the Supreme Court to try Trump as soon as possible, but the equally inside-out coverage of what a novelist might call "The President's Heart Is a Lonely Hunter Biden." Somehow we ended up with a digression into religious liberty, and pondering whether the Hell's Angels might be a bona fide religion that might be useful in some circumstances.

Next week, back to the Cage for Round Two!

We finally get around to our promised but delayed cage match about Ukraine and unanswered questions about January 6, and alas, all of Steve's attempts to cheer up Lucretia with the week's great news—the Hunter Biden indictment, the embarrassment of Ivy League presidents, Kevin McCarthy resigning, Trump winning Tom Friedman's vote—proved unavailing. Futile, even. Why Lucretia even trashed McDonald's, which is really fightin' words for John.

But then we get down to business, with the bruising cage match. Steve did his best to play a "neutral" Sean Hannity, posing challenges to both John and Lucretia about both topics, but occasionally donning a Hershey's Kiss-sized tin foil hat on a couple of points. Score the jabs about roundhouse blows at home, and send in your point total in the comment threads.

John and Lucretia were united on one topic, though: Both attacked Steve for his fondness for classic Genesis, which Steve discussed at length this week on Steve Gosney's Rumble channel here (or YouTube version here) if you have the proper tastes in "rock music that went to college," to quote Jody Bottum on prog rock. Natually, Steve takes out revenge with the exit music, with a fragment of a classic Genesis song that includes the fitting lyric, "Even academics, searching printed word. . ." Who can name that song without looking it up?

Note: We haad a few technical glitches recording this episode, with some abrupt edits and incomplete thoughts in a couple places, but listeners should be able to make out the main threads.

So we had promised last week that this episode would feature a cage match between Lucretia and John about realism versus idealism as applied to the Ukraine War (especially since John baited Lucretia by calling her a neocon, which is fighting words not just in the desert west), as well as the problem of January 6, but the passing of Justice Sandra Day O'Connor and Henry Kissinger diverted us, along with the DeSantis-Newsom debate.

Along the way we were treated to an extraordinary tale—John Yoo, as a young Supreme Court clerk, going one-on-one with the visiting Charles Barkley at the Supreme Court's own basketball court, which is known as the highest court in the land because it is located on the upper story of the Supreme Court building. Can you guess how it went? (Barkley was still playing in the NBA for the Phoenix Suns at the time.) It was the surprise revelation of this episode.

We had lots of critical (though respectful) things to say about both Justice O'Connor and Henry the K, and I suspect as usual listeners will find our contentions unique and not widely mentioned in the torrents of encomiums for both historic figures this week.

And we promise we'll go the cage match next week, or your money back. (Though we did do a small preview with a brief argument about why the cause of Israel should rank higher than the cause of Ukraine.)

While most other podcasts are taking the Thanksgiving holiday off, your three bartenders behind the Three Whisky Happy Hour remain on the job, because no one wants leftover podcasts for the long weekend. Steve and Lucretia had traditional home-cooked feasts, while John, naturally, dined Thursday at a yacht club, sweater knotted properly around his neck.

In the middle of this episode that ranges from the metaphysics of free speech to Nikki Haley's chances to the Argentinian and Dutch election results along with the Israel-Hamas deal, Steve recalls hearing Prime Minister Bibi Netanyahu in person in Washington several years back explaining that the reality of the Middle East is that often the choice is between bad and worse, and this becomes the unifying theme for several of our disparate topic today.

In some ways, this episode turned into previews of coming attractions, as we set up a clash of the titans (that is, Lucretia against all comers) next week on the ongoing dispute about January 6, and the essence of "neoconservative" foreign policy. Consider these teases as a placeholder, along with our custom exit music, "Am I Very Wrong?" (to which question Lucretia typically answers "YES!"), a 1967 tune by a then-obscure combo whose name will not be uttered here:

Am I very wrong
To hide behind the glare of an open minded stare
Am I very wrong
To wander in the fear of a never ending lie
Am I very wrong
To try to close my ears to the sound they play so loud

Hoo-boy—pour yourself three-fingers of your favorite high-proof single malt for this episode of the Three Whisky Happy Hour, as Steve, John, and Lucretia throw down hard on the limits of free speech in theory and practice. A lot of people—some of them conservatives (and, ahem, John at times!)—think that banning student chapters of the pro-Hamas Students for (In)Justice in Palestine, as Governor DeSantis has done in Florida, represents right-wing "cancel culture" and is therefore hypocritical. Steve and Lucretia argue that two generations of flabby jurisprudence from the Supreme Court about the First Amendment has left us illiterate about the first principles of the matter.

Thus, we recur to some older writings of David Lowenthal and Harry Jaffa on this point, and suggest that is it not difficult at all in principle to distinguish between political speech that deserves protection and speech from would-be tyrants who, if successful, would take away everyone else's right to speech (if not right to life in the case of Jews) if they gained power. Whether to do so is a matter of prudence and circumstance, but one of the lessons of history is that if a nation waits too long (cough, cough—Germany in the 1930s—cough, cough) to assert its right of self-preservation against the barbarians in its midst, a free society is lost.

The question of barbarism is central to the second part of today's episode, where we sort out some of the basic issues of the laws of war and just war theory. And we use Angelo Codevilla as one of our expert witnesses on this subject, which shouldn't be that hard to sort out, but somehow is if you only read the New York Times or some other pre-school level source.

Franklin Roosevelt and the New Deal are back in fashion these days, featuring some truly strange bedfellows. Liberal intellectuals told President Biden that he could become the next FDR if he simply spent like a convention of drunken sailors, but some of the "national conservatives" also suddenly like FDR and think we should emulate the New Deal's economic policies, which surely has Milton Friedman and William F. Buckley rolling over in their graves.

Meanwhile, historians have neglected FDR's record on civil liberties, with the conspicuous exception of the internment of Japanese Americans in World War II because that is too large a blot to be ignored (though even that story is not understood fully or accurately). Historian David Beito explores this forgotten aspect of FDR and the New Deal in his new book, The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveilance. There's probably a connection between the New Deal's political economy and constitutionalism and these offenses to civil liberties—the point Hayek made in his misunderstood Road to Serfdom—that modern-day FDR admirers ought to keep in mind

With John Yoo, who accuses Lucretia and Steve of being closet monarchists, back from his jungle adventures in South America (albeit without any archeological relics to satify his Indiana Jones fantasies) and sitting in the host chair this week, the gang offers its two cents on the latest GOP debate (someone—guess who?—is not impressed with Nikki Haley), and the disappointing election results, which, Steve suggests, is like Twain's remark on Wagner's music ("it's better than it sounds"), though with the key takeaway that the GOP is doomed to more election night disappointments as long as it has a deer-in-the-headlines problem when it comes to abortion.

After reviewing a few new legal developments in the largehr Trump saga, we get down to exploring the mounting crisis of anti-Semitism, with an analysis of why this current eruption of anti-Semitism we're seeing nwo is not your grandfather's anti-Semitism, but is in fact ax expression of a much deeper problem with the maliganancy of the progressive left. College administrators who think they can weather the storm and wait for the fury to abate on its own are deluded.

We're going to retur next week with a sequel, and explain to everyone why a wholesale purge of leftist institutions is not a violation of free speech rightly understood, or merely "right-wing cancel culture," as the left and too many simple-minded libertarians think. Fire away (heh).

With John Yoo still away somewhere in the jungles of South America, Steve and Lucretia are delighted to be joined by a very special guest, Prof. Amy Wax of Penn Law School. Followers of the campus scene may be familiar with Penn Law's crusade to fire Prof. Wax for the sin of offending against campus orthodoxies on race and immigration, at the same time Penn so conspicuously tolerates anti-Semitism.

Prof. Wax isn't at liberty to discuss the details of her ongoing ordeal, but we do get into the thick of several pertinent questions, such as:

—Does the current crisis of tolerance for anti-Semitism on campus represent a possible inflection point to turn back “wokery” at last, or will this episode prove that higher education has passed the point of no return?

—Is there any evidence that the high-profile donor revolt at Penn and elsewhere is having an effect?

—On a wider note, many conservative law professors are leaving their posts because of the increasing ideological hostility. This seems another bad omen for academia.

Another bonus classic format edition, this time featuring Steve in extended conversation with Col. Austin Bay, one of the proprietors of the indispensable Strategy Page, columnist for Creators Syndicate, and author of the splendid Cocktails from Hell: Five Complex Wars Shaping the 21st Century.

His column last week is a brief and lucid tour through the proxy wars America is currently confronting (against Russia and Iran, by way of Ukraine and Israel), and our conversation goes into much greater depth on both of these conflicts as well as our potential conflict with rapidly-arming China.

Can Ukraine defeat Russia? What must Israel do to prevail, and what are the risks of a wider war? Some of what Col. Bay lays out will curl your hair and make you want to buy a lot of canned goods, but he also gets into detail about how combined arms work on the battlefield and especially in the kind of urban warfare U.S. forces faced in Iraq and Israel is facing now in Gaza.

The biggest risk of the moment, Bay agrees, is with America's pathetic leadership class, making him more worried for the fate of the country than at any time in the last 20 years.

Way back in 1960, Leo Strauss wrote in the Encyclopedia of the Social Sciences that "Natural law, which was for many centuries the basis of the predominant Western political thought, is rejected in our time by almost all students of society who are not Roman Catholics." In the decades since then, however, natural law has enjoyed a revival of sorts, and is implicated today in the rise of constitutional originalism at the Supreme Court.

But it is also a confusing subject, because many so-called "new natural law" theories seem to concede too much to modern philosophy, as if the great tradition of natural law begins with Bentham. To be sure, the classical authors such as Aristotle, Cicero, and Aquinas were not simple thinkers on the subject, but their work tends not bog down with specialized jargon or abstruse theory.

One person stands out for rescuing the older tradition of natural law: Hadley Arkes, author of Mere Natural Law: Originalism and the Anchoring Truths of the Constitution. In this conversation, Steve Hayward draws out the basics of the argument from Prof. Arkes, and extends the line of reasoning to today's controversies about free speech and "cancel culture," which are more confused than ever with the sudden eruption of anti-Semitism on college campuses.

With John Yoo away this week on a junket to South America, Steve and Lucretia reverted to old times and scheduled a live taping where we fielded questions and comments in a webinar format.

We talked about the reasons to be bullish about the new Speaker of the House, Mike Johnson, along with discussion of the strategic challenges facing Israel and the United States, and more—always more—on the rot in our universities.

In between these three main topics we took up listener questions about social contract theory, whether the U.S. could realistically find itself in a real civil war some time soon, and whether the general challenges of political leadership in a time of deep polarization can be overcome.

A real crowd-pleaser, we hope.

The only thing more predictable than a sunrise in the east is a Hamas claim that Israel bombed a Gaza hospital and that the Western media would report it as dictated because the story was just too good to check, though we always thought the mainstream media employed—or so they told us in 2004—"layer and layers of fact-checkers." Once again, we see whose side our media is on. And it's not ours—or Israel's.

Topic 2: Time to "decolonize" all the academic departments that won't shut up about "colonialism." Full stop.

And has anyone in DC figured out yet that the move by renegade Republicans to oust Speaker McCarthy and leave the Speaker's chair empty was a clever plot to get Democrats to vote for a de facto government shutdown, and stymie aid to Ukraine? Who are the dumb guys now?

And what to make of the plea deals of Sydney Powell and Kenneth Cheesebro in the Georgia prosecutions of the supposed Trump RICO conspiracy? We speculate that both Powell and Cheesebro might reprise the great star turn of Frankie Pentangelo in Godfather II.

Never mind Hamas in Gaza: what do we do with Hamas ideology on American college campuses? On top of the pusillanmous responses of college presidents we can clearly see the emerging theme of moral equivalence between Israel and Hamas, out of which the next step is certain: any attempts to curtail Hamas ideology on campus will be called "cancel culture," and will be said to prove the hypocrisy of everyone who has been attacking cancel culture over the last few years. And thus nothing will change. At the least, Jews should boycott Harvard, and perhaps the entire Ivy League. Steve suggests a more robust alternative way of thinking about the problem, but John and Lucretia are not convinced.

Topic two is the domestic political scene. Who needs a Speaker of the House anyway? But more curious is the case of RFK Jr., who has now decided to run as an independent nex year. Is there a chance he could actually win, say, for instance, if Biden tumbles down the stairs of Air Force One in early October, and can't be replaced on the ballot—never mind the prospect that he might draw more votes from Trump than from Biden. The point is, black swan events are becoming so much more common than maybe it is time to bring back white swan events.

We do live up to our name at the open, however, with some whisky recommendations from the GoodSpirit whisky bar in Budapest.

Lucretia, freshly back in the U.S. from her adventures with Steve in Budapest, is in the host chair for this week's episode, and she's not in a good mood. And it's not jet lag. Looking out at the concurrent disasters at home and abroad at the moment—high inflation, an undefended southern border, and now war in Israel—she poses a straightforward question: Would any of this be happening if Trump was still president? And more acute to a certified dog-lover: While Trump has many personal flaws, would he kick a dog? The evidence accumulates that Joe Biden is not just a terrible president, but a terrible human being.

From there we take up the inner desires of Kamp Kommandant Hillary Klinton, the good news (for John) of the return of the McRibb, and the demise of Speaker Kevin McCarthy. Which somehow leads to a discussion of President James K. Polk, whom John thinks is an executive to be highly esteemed, drawing immediate 50-cal fire from Lucretia. And we also marvel afresh at the feral genius of Trump's method of contesting the kangaroo court fraud trial under way in New York.

But it isn't all bad news. We celebrate the fact that apparently women, too, think a lot about the Roman Empire, though Lucretia prefers to think of the RomanRepublic instead, since she founded it.

Settle in with your best chilled Hungarian dessert wine and Philly cheese steak for this cosmopolitan issue, which finds John Yoo—host for this week's episode—tired out from looting in his home town of Philadelphia, while Lucretia and Steve are together in Budapest carrying on with more conspiracies against the international rules-based order.

John gives us on-scene reports from ground-zero of the "recreational shopping" going on in Philadelphia, plus an update on his three days of testimony in the incredible John Eastman disbarrment trial going on in California. We also cover the aftermath of our event with Heather Mac Donald at Berkeley Law, which made it all the way to Jesse Watter's show on Fox News, and has gained something like 3 million views online.

But that's nothing compared to our beat down on the implosion of Ibram X. Kendi (Sen. John Kennedy's favorite "butthole professor"), which was not only predictable, but was predicted! By Glenn Loury, among others, whose profanity-laced rant about Kendi to John McWhorter we excerpt here for its news value, but also underscore the main point that the academic exaltation of an intellectual fraud like Kendi is another indication of the corruption and deep politicization of our universities today.

Government shutdown? GOP debate? The rest of the Supreme Court docket for the new term beginning Monday. Yes—we cover all that too. Better get a second bottle of Hungarian wine.

This circuitious episode, hosted by Steve in Budapest with John Yoo in Dallas and Lucretia in her undisclosed desert location, starts off with the entirely predictable news that David Brooks drinks his whisky on the rocks (insert shudders and horror here), and quickly moves on to the news that hasn't broken yet, so we'll fix it: Gavin Newson is running for president. We know—he hasn't offically announced, but he's behaving like a candidate more and more every day. And why has no one noticed that Newsom would also solve the Democrats' Kamala problem? (See the Constitution, Article II, Section 1, especially the passage that reads, "The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves." That rules out Kamala as Newsom's running mate, which is okay because Newsom and Harris hate each other.

We also devote too much time to the sartorial severity that is the Fetterman Senate Dress code, and you'll just need to listen to hear who Lucretia calls "Senator Stripper Boots."

From there Steve gives a central European "sit rep" on attitudes there about the Ukraine War, American policy about the war, and general political matters, all gleaned from Steve's conversations with highly placed (and very smart) Hungarian sources.

We've been wanting to talk about a legal issue that's been our mind for a while, and we finally get to it in this episode in depth: qualified immunity. We don't quite reach a firm conlusion about how the doctrine should be reformed, but you'll feel smarter for our dissection of it.

Finally, a few quick notes on the Kendi implosion, missing jet fighters, and other fun matters. But not to worry—we're still drinking our whisky neat, even if David Brooks kills his with four ice cubes. In an airport.

Lucretia hosts this week, as the fearsome threesome give a brief summary of a recent law school seminar on natural law and the Constitution we presented last week at Berkeley Law before a group of somewhat skeptical students, and then moving on to assaying the Biden impeachment inquiry and Hunter Biden's smoking gun charge, asking why all the White House spokespeople seem to have come from Nerd Central (we mean you, Ian Sams!), and explaining the fundamental asymmetry of the Administrative State in Democratic and Republican presidencies.

And isn't it nice that Virginia Democrats have offered us a whole new definition of a "working family"? Who knew that Only Fans might become a new source for campaign contributions. Also: once again the question—are Biden and Harris both on the Democrats' chopping block for next year?

Get this: the latest rationale for federal government censorship of the internet is protecting "cognitive infrastructure," which sounds beyond the perverse imagination even of Orwell. And you know how well things go when the government gets interested in infrastructure! But I now have an excuse for the next time I forget something: "My memory hit a pothole in my cognitive infrastructure!"

Finally, we close out with some actual news, namely, John Yoo sharing some perspective on his expert witness testimony in the ongoing disbarment proceeding against John Eastman this week.

We're a day late and a person short this week, as we're missing John Yoo because of schedule conflicts. Over morning coffee instead of evening single malt, this shortened, ad-free epiode finds Lucretia and Steve wondering if the Branch Covidians can really be getting ready to impose a mask mandate on all of us again, and pondering whether the COVID case of the multiply-boosted DOKTOR Jill Biden should make us wonder whether anyone knows anything anymore.

Could this all be a sign of the deepening panic among Democrats over the latest polls showing Donald Trump stronger than ever, and ever increasing doubts about Joe Biden?

And speaking of Democrats, who knew that Democrats have become Carl Schmitt fans, as is seemingly the case with New Mexico Governor Grisham declaring that an "emergency" gives her the power to suspend the 2nd Amendment. This comes on the heels of the latest 5th Circuit Court ruling that the Biden Administration trampled the 1st Amendment with its Covid censorship regime.

Never mind saving “our democracy"—who's going to save our gerontocracy! With Mitch McConnell and Joe Biden in a contest for Greatest Brain Freeze Moment, while Dianne Feinstein and John Fetterman look on with envy, we are starting to long for the good old days of the youthful vigor of the Soviet Politburo. Is it time for age limits for high federal office (though Sen. Chuck Grassley, still firing on all cylinders two weeks before his 90th birthday, might want a word with us), or do we just need cognitive tests for office?

Equally alarming is how theBaude-Paulsen argument for disqualiftying Trump for the presidency under the 14th Amendment is gaining traction. Could a county registrar of voters in some deep blue percinct throw the 2024 election into complete chaos? John has a good article on this scene suggesting the answer is a hard No, which we review.

Meanwhile, the whole Georgia case gets curiouser and curiouser, as you'd expect in our current Alice in Wonderland world of "verdict first, trial later" phase of Trump-specific law enforcement. But also some good news: the forces of decency are fighting back against the left's demagogic attack on Clarence Thomas.

This classic format episode of the Power Line podcast features Steve Hayward all by himself, and breaks some news: Steve is returning to Pepperdine University this academic year as the Edward Gaylord Visiting Professor at the School of Public Policy. Steve will be filling the large shoes of the late Ted McAllister, who passed away earlier this year, leaving a big hole in the SPP program.

Pepperdine's SPP Dean Pete Peterson asked Steve to offer the faculty address to this year's incoming class of graduate students during orientation last week, and he spoke on the relevant contemporary lessons from Max Weber's famous lecture "Politics as a Vocation," which intersects perfectly with Karl Rove's Wall Street Journal essay over the weekend on how America has sometimes been in much worse shape than today. True, but not exhaustive, and supposing natural cycles of history will take us out of our current funk is likely a mistake, akin to fiddling while Rome burns.

In one sentence, Steve's message to incoming students is that they'll need to step up their game even more than they might have thought. That's what Weber told students in 1919, and his lesson didn't fully take.

Wondering what to make of the first GOP debate, Trump's arrest and mug shot, and the apparently deteriorating battlefield situation in Ukraine? Then you've come to the right place. John Yoo hosts this week while we break it all down in crisp fashion, partly because our schedules this week prevented us from recording at a time suitable to have our whisky glasses filled. Next week, we promise!

As loyal listeners know, yesterday Steve, John, and Lucretia took over the flagship Ricochet podcastin the absence of both Peter Robinson (still somewhere in the Witness Protection Program) and Rob Long (out walking a Hollywood picket line somewhere), and we made James Lileks' life completely miserable.

We decided that a couple of issues we brought up deserved some extended discussion in this bonus episode, starting with the "trust" question: why do Americans now hold nearly all major institutions, both public and private, in such low regard? We run through a number of factors, from ideology, competence, and corruption, but also wonder about whether our ruling elites today don't have the same kind of noblesse oblige that characterized the elites of the 1950s (the Dulles brothers get a special shout-out).

Next, we return to the question of "human rights" versus the natural rights of the American Founding, and the mischief that the rise of "human rights" has entailed in modern times. Steve had intended to nitpick John's understanding of Thomas Hobbes, but the Learned Lucretia shows up in force, with marvelous renditions of Locke and Hobbes, casting doubt on Steve's proposition that maybe there exists a "Hobbistotle" to go with Tom West's "Lockistotle." It's not as wonky and esoteric as it sounds! Well actually maybe it is, but we think you'll still enjoy this Trump and Biden-free episode (and ad-free, too!)

Our thanks, by the way, to the Ricochet team for the honor of occupying their show, and to James Lileks for his indulgence.

But because Lucretia and John once again wrongly dismiss Steve's embrace of prog rock ("Rock and roll that went to college," as Jody Bottum calls it), the exit music for this episode is an excerpt from "The Chamber of 32 Doors," which is the Prog Rock version of "Rich Men North of Richmond" which we discuss briefly in this episode.

I'd rather trust a countryman than a townman
You can judge by his eyes, take a look if you can
He'll smile through his guard, survival trains hard
I'd rather trust a man who works with his hands
He looks at you once, you know he understands
Don't need any shield, when you're out in the field. . .

The priest and the magician
Singin' all the chants that they have ever heard
And they're all calling out my name
Even academics, searching printed word

Maybe the academics will figure it out someday, but judging by the elite culture's reaction to "Rich Men North of Richmond," today is not that day.

The late week news was so screwball that Steve surrendered to Screwball Peanut Butter Whiskey to cope while Lucretia the Lightweight settled for Irish coffee while John, out of place as usual, passed on a liquid lunch to have a real one. (By the way, the Screwball Peanut Butter Whiskey is not recommended.)

And what a lot of screwball news, starting with the designation of a DoJ special counsel to deal with Hunter Biden's special needs, a trial date and mini-gag order for Trump, and the flurry over the proposal of two conservative law professors to ban Trump's eligility for the ballot under Section III of the 14th Amendment about "insurrection." (If you are a glutton for the punishment of a 126-page law review article, you can view the whole thing here.) There's just one problem with this scenario: Trump hasn't been charged with fomenting insurrection or rebellion. Maybe the special counsel is waiting for another bad news dump on Hunter?

After some observations about the failed Ohio referendum this week we finallky getr down to some wider topics, including reflections on the astonishing interview last week with Obama biographer David Garrow in The Tablet, which presents about as unflattering a portrait of "the lightworker" as can be imagined. (If you haven't read the Garrow interview, do so at your earliest convenience.) And we also ponder the latest notable offerings on the state of the country from Victor Davis Hanson ("Who Will Say No to the Current Madness") and Jacob Howland ("America Is Now a Zombie State"). Steve, naturally, sees some signs of life while Lucretia, naturally, finds him to be too infernally optimistic.

Finally, a few suggestions for great general reading about politics, with Steve recommending a title from Kenneth Minogue and John recommending two titles from Daniel Bell. Lucretia is sticking with Calvin and Hobbes—the comic strip, not the 16th and 17th century authors!

This isn’t our normal 3WHH; John isn’t here, just Steve and Lucretia. So maybe a 2WHH. The occasion for today’s extra episode—since we moved up our usual weekly offering on account of the latest weekly Trump indictment, is to take note of two related items.

First, did you know that Italy’s new and very popular prime minister Giorgia Meloni recently visited Washington and had a brief meeting with President Biden? I missed this too, as the meeting took place behind closed doors, probably to cover up the fact that Biden either fell asleep or sniffed PM Meloni’s blonde hair, and there was apparently no press availability or public photo op. Of course, Biden called Meloni a fascist when she was first elected, so I expect there was no enthusiasm for noting her visit.

The second item is an article in National Review("The Italian Option") recently on Meloni, where Dalibor Rohac argues that Meloni is a better model for nationalist conservatives than Hungary’s Viktor Orban, because Meloni’s positions on various matters are more congenial to Americans. Maybe so, though I note Rohac’s article neglects to mention that Meloni is fond of Orban, having met with him a number of times. And Rohac is a defender of the European Union, which makes us suspicious right there.

Leaving aside the whole Hungary question for another day, this seems like an occasion to roll out at last a conversation Lucretia and Steve had recently with one of our favorite Italians thinkers—and part-time opera singer—Edoardo Raffiotta. Edoardo is professor of law at the University of Milan, where we first made his acquaintance last year at a conference. He specializes in European constitutional law, and especially the problems of emergency powers (hence is occasional interest in Carl Schmitt). He is also actively involved in legal issues pertaining to cyber-security and the fast-moving field of artificial intelligence, which of course are specialities of Lucretia. We wanted to hear first hand from Edoardo about Meloni and other topics—including opera. Stick around after we finish with Edoardo, because Lucretia and I will come back with a “postgame” show of sorts where we offer some additional reflections about the wider scene—and make a small news announcement.

And we manage to sneak in a few bars of Edoardo's favoite Puccini opera, La Rondine, at the end.

Our normal weekend rendezvous at the whisky bar was convened early this week to get out our fresh reactions to the Trump indictment for his role in the events of January 6, and our general reaction after reading the filing is—is this all there is? Where is incitement? Where is conspiring with violent groups like the Proud Boys and Barbie and Ken? There is very little if any new evidence or facts in the filing, and there are some stunning assumptions of fact that will surely fall apart in the courtroom.

More seriously, John Yoo rightly describes this filing as the most serious political-criminal trial since the trial of Aaron Burr way back in 1807—a trial that, keep in mind—acquitted Burr on the charge opf treason. And the timing, coming amidst a lot of new revelations of Biden corruption this week—seems suspicious.

Where do we go from here? Should the GOP House move right away to an impeachment investigation of Biden, before the Justice Department names a special counsel that would ironically lock down a House investigation into an "ongoing investigation" by Justice?

We do, finally, get back to our leisurely summer stroll through best books, this week laying out criteria for what makes a good biography, with each of us offering up some representative picks, such as Lord Charnwood'sLincoln, Jean Edward Smith on John Marshall, and Plutarch. You'll have to listen to see which of us recommended what book or author—you may be surprised!

After clearing the decks of the latest headlines from the week involving Biden trials and Trump tribulations, we get down to business discussing John's new book The Politically-Incorrect Guide to the Supreme Court (co-authored with Robert Delahunty). Naturally Steve and Lucretia have some issues to pick with John.

Steve manages to annoy everyone by noting the Statute-That-Cannot-Be-Named-On-This-Podcast (rhymes with Lean Fair Fact) and connecting it to the "L-Word," meaning the Lochner case. You thought it meant something else? How old fashioned and quaint in this Age of Infinite Pronouns.

And did Kamala Harris set a new low in hypocrisy and bad faith this week with her attack on Florida's African-American history standards? Let us count the ways. . .

I knew when I saw news of Vice President Kamala Harris claiming that Florida's new African-American history standards for public schools taught that "enslaved people benefitted from slavery," I knew instinctively that this was a lie of unusual medacity even for her. Don't take my word for it: read the curriculum guide for yourself, especially page six, where Harris and the rest of the race-obsessed educrat-complex twists one sentence in the most grotesque way imaginable.

The real sin of the curriculum guide, from the left's demented point of view, actually can be seen page eight, where the curriculum mentions including the history of slaverybefore 1619. Ah—there's the rub. The real reason Harris attacks the Florida curriculum is that it dares to correct the distortions and omissions of the 1619 Project, which has become the platform for saying that America was, and is, purely a slavocracy, and that American capitalism practically invented slavery.

One of my principal teachers in graduate school (and a past guest on this podcast), William B. Allen, was one of the authors of the new Florida curriculum guide, and he's been in high demand this week refuting the calumnies of our vice president. I managed to catch up with him this morning to note the obvious irony that the party of Calhoun would be reviving Calhounism just now, but trying to deflect it onto the other party. (Because of course the real reason for this attack is that Joe Biden might face Ron DeSantis as a candidate next year, so better start calling him a racist now.)

Are the anticipated coming Trump indictments serious? Defrauding the federal government? Obstructing Congress? Violating the Ku Klux Klan Act? This is indeed John McEnroe territory—"You cannot be serious!" But is it going to work?

Let's just say this episode revisits the events of January 6 with considerable disagreement among the panel about how it should be understood, what we still don't know, and how it is afftecting the next election cycle, concerning which, Luretia road-tests her latest outlandish theory. ("We're going to get comments on this one!", she promises.)

Then we assay the state of the widening Biden scandals, with Lucretia scorning Steve's "eternal infernal optimism" that sooner or later the media is going to jump on this scandal. Lucretia and John are skeptical. . .

Finally, are the dividends of the Harvard affirmation action admissions ruling already growing and spreading to the private sector? Have you noticed the news of the growing number of layoffs and shrinkages of corporate DEI offices? Who says there isn't any good news these days.

John Yoo is away overseas this week, so Steve and Lucretia are joined by Glenn Ellmers, author of the brand new book The Narrow Passage: Plato, Foucault, and the Possibilty of Political Philosophy. Do not be intimidated by the mention of Foucault or anything else in the title, as this crispy-written and very accessible book comes in at a reader-friendly 79 pages (Glenn admits that it began as an essay that grew a little out of control). It sheds a lot of light on our current culture war, which is really a continuation of the ructions in the country from the left that began in the 1960s but fooled us by receding briefly in the shadows for a time when the Cold War ended. More than that, though, the roots of our current contentions trace all the way back to Plato, and from whom we may also find some answers. As as we say, all this in 79 pages!

Steve and Lucretia also dilate the Farce of the Week in Washington, the latest lower court rulings that look like promising attacks on the administrative state, and why the Equal Protection Clause was such a mess at the Supreme Court for 150 years, contra Alan Dershowitz's argument that Earl Warren had it right all along. No sale!

You've heard of the Avengers. And the Incredibles. We at the 3WHH consider ourselves The Uncensorables. (Only because Justice League is taken.) In any case, just when you thought it was safe to pass by the courthouse and law library because the Supreme Court term has finished, along comes a bracing district court opinion slapping the Biden Administration hard for its collaborating with social media companies to censor COVID dissenters who turned out to be right about nearly everything.

We also work through the aftermath of the Harvard/UNC decision, which is forcing the left to transfer their hated for Citizens United to this case. And what's up with the left's complaint that the 303 Creative case was a phony case? What's phony is the left's argument, which John Yoo (this week's show host) dispatches with ease, while Steve reminds us that the left has been contriving phony cases for decades.

Finally, since it was Fourth of July week, we reflect on the holiday this year, Steve gives a foerboding prediction for the 250th anniversary of the Declaration in 2026, and we offer up recommendations for the best books about the Declaration for our slowly developing reading list of essential whisky-wisdom pairings.

It's over. The fat lady has sung. The Supreme Court ended its current term with a big bang, delivering a long-overdue smackdown of affirmative action that with any luck history will say was a turning point for restoring the proper understanding of equality in our Constitution, though the follow up to overcome ther massive resistance of universities and their epigones in HR and DEI departments everywhere will be crucial—and exhausting.

But wait! There's more! The Court also smacked down Biden's student loan power grab, and vindicated the principle of free speech the right of conscience in turning back the coercive identitarian demand that a Christian website designer must be compelled to produce offensive products.

The 3WHH hosts were actually together in person this week for this episode, and marked the end of the Supreme Court term with a several nice rounds of Makers Mark. Next week we'll be back to our more "diverse" (heh) scope of wine, whisky, and wonkery, and we'll also get back to our slow-rolling "best books" deliberation.

The submersible that is the Biden presidency looks to be under as much increasing pressure as the Trump reboot tour, and maybe both will implode? And when is the Supreme Court going to end the suspense and deliver the rulings on the big cases we've all been waiting for?

The Court did deliver a disappointment of sorts in U.S. v. Texas, which rejected the state challenge to the Biden Administration's complete implosion of border enforcement, ruling that while states along the border have indeed suffered injury, they lack standing to sue, and/or the Court lacks a remedy it can supply, so the Biden Administration wins this round. But we break down the convoluted reasoning of the majority opinion (can it really be right that if the executive branch arrested just one person crossing the border instead of zero, states would lose standing to sue, or the Court any remedy whatsoever?), and wonder whether the case is nearly as good for liberals as they think, and whether the next item on the agenda for conservative jurisprudence is to develop a new doctrine of standing, as it did with the "major questions doctrine" promulgated last year.

We also look at the latest attacks on Supreme Court justices from the left. Justice Barrett sold her house to—gasp!—a conservative! Can you believe it? And finally we explore the state of abortion one year afterDobbs.

By the end of the week when our three bartenders assembled, the Trump indictment had been pretty well munched and masticated, so there wasn't much left to say about the matter for the moment. But John Yoo has a wild idea to resolve the controversy: President Biden, he says, should pardon Trump right now, and say "Let's put everything before the voters next year on the issues."

Of course the last thing Biden wants to do right now is run on the issues, since he's doing such a dreadul job, and in any case there is no chance Trump will agree to any conditions for a pardon (such as admitting guilt or agreeing to drop out of the presidential election altogether). And it is doubtful Biden has either the statesmanship or the cynical wit to see the mischievous possibilities of a pardon.

From there the gang tries to read the tea leaves at the Supreme Court, which handed down another puzzling ruling this week regarding Indian adoptions, and finally we continue our "best of" recommended reading list with some nominations for best satirical fiction.

Who needs Steve's peaty, smoky whisky this week when Canada is supplying a surplus for half the nation? (But it ain't Canadian Club they're serving.) After clearing the smoke from our eyes—and our whisky glasses, we get down to business on what is known so far about the Trump indictment (we recorded before the full details of the indictment were released), and wonder if the Dept. of Justice isn't blowing a lot of smoke.

And just how did the Supreme Court manage to botch the Voting Rights Act case?


Finally, we begin rolling out our listener-requested Essential Reading List, starting with a couple titles for the category of philosophy. Naturally Steve and Lucretia divide on a title to recommend. Next week we'll either do histort or biography, which are also difficult categories, but that's part of the fun.

John Yoo is away traveling this weekend, so the 3WHH reverts to its old form, with Lucretia pummeling Steve like a chiropractor working on a stiff neck for his conventional thinking about the debt ceiling deal. But otherwise we're in a jolly mood this week, as we see signs that a "Revolt of the Normies"—that is sensible middle class Americans—against gender wokery is finally underway. Just ask the sales manager for Bud Light, or shareholders of Target. (We could have alternately called this episode "Pride Month Goeth Before the Fall.")

Then, in response to some listener requests, we begin a preliminary excursion into a "Best Books" list, though we want to await John's return for an orderly treatment of this question. For this episode Steve and Lucretia talk about political novels, and why some are enduring, like Orwell's1984 or Koestler's Darkness at Noon, and why others have been forgotten, like Andre Malraux's Man's Fate, or Wyndham Lewis's Revenge for Love (which Steve is reading right now). As usual Steve and Lucretia come at this subject from different directions, and finally settle together on . . . Shakespeare.

It's late in the 4th quarter for this year's Supreme Court season, and the Justices are starting to score with some long bombs. Our 3WHH bartenders celebrated with entire flights of whisky (our kind of diversity!) while pondering Thursday's clean sweep of two 9 - 0 decisions that reinvigorate the "takings clause" of the 5th Amendment, and clip the wings of the EPA without once mentioning either the Chevron doctrine, or a certain other statute that is banned from this podcast.

But wait! There's more! We also dispatch with prejudice the crazy idea of President Biden using the 14th Amendment to raise the debt ceiling, preview a couple of brand new cases that may start to undo the DEI regime, and puzzle over a head-scratching case from a few weeks ago involving California's extra-territorial imposition of regulations of pig-farming. As this poses an existential threat both to the availability of bacon supplies and McRibbs in California going forward, this is a matter of deep concern and outrage.

Speaking of pigs, John Yoo is about to come out with his own PIG book to go on your bookshelf right next to Steve's PIG book. That is, John and co-author Robert Delahunty are about to come out with The Politically-Incorrect Guide to the Supreme Court, which will make a nice pairing with both a good whisky and Steve's Politically-Incorrect Guide to the Presidents, from Wilson to Obama. We discuss the common points of interest between the two books, though Steve alleges that John and his co-author got the Lochner case wrong, as everyone usually does.

There is no truth to the rumor that Lucretia is writing The Politically-Incorrect Guide to Political Incorrectness, though she's the obvious choice for the title.

The hiatus in Hollywood brought on by the current writers strike seemed a good occasion to check in with Christian Toto, proprietor of the indispensable HollywoodInToto website, as well as a podcast, and a terrific recent book, Virtue Bombs: How Hollywood Got Woke and Lost Its Soul.

Our conversation ranges widely from the problems of streaming services, the leftward lurch that has nearly killed off late night talk shows, why Top Gun: Maverick was snubbed at the Oscars, and above all whether a backlash against wokery in Hollywood is approaching critical mass. There are some signs that it is. Stay tuned, but listen here and bookmark Christian's site and podcast.

With Steve Hayward back in the host chair this week, the 3WHH actually breaks some real news with special guest Kelly Janes Torrance, the op-ed editor of the indispensible New York Post. This week Robert F. Kennedy Jr., who is attracting surprising interest from many conservatives, visited the Post for a grilling from the Post's editorial board, and Kelly Jane opened up her reporter's notebook to share previously unreported statements RFK Jr offered at their 90-minute meeting. You won't want to miss her scoops shared exclusively with the 3WHH podcast.

John Yoo was late joining us—apparently he got stuck in an extra long McDonald's drive-through line right before show time—but did manage to break down the Durham report, and also gets in on the sequels with Kelly Jane, who has a lot of thoughts on the Ukraine situation from her experiences as an election watcher in recent years.

Since KJT is Canadian, we decided to honor her guest turn with exit music from the Barenaked Ladies, "New Kid on the Block," since we're definitely going to have her back on 3WHH. As mentioned early in this episode, she may not be a neat whisky drinker, but she has an epic cocktail game.

We're got a short pre-roll excerpt from John on the Ricochet podcast that we think is appropriate to share with our listeners, though I think Rob Long was not amused!

Lucretia hosts this week's episode, and as Hamilton predicted about how executive power would promote sobriety, the awesome responsibility of the host chair led Lucretia to praise Kevin McCarthy for the second week in a row, and she even has nice things to say about Steve!

After the smelling salts were passed round to John and Steve (and fresh glasses of whisky poured), the bartenders get down to business, breaking down the rising anti-Semitism in the Democratic Party; Lucretia's first-hand report from the border in the immediate aftermath of the end of Title 42 and where the immigration disaster will go next (and once again, the responsible Lucretia surprises with her sympathy for asylum seekers); the travesty of the criminal indictment of Marine veteran Daniel Penny for his justified act of self-defense on the New York subway (just think of it as the attempt to run George Floyd 2.0); what to make of Trump's humiliation of CNN; what to make of the week's revelations of the Biden Family Crime Syndicate; and what to make of the Supreme Court interposing itself—by a rare 9 - 0 vote—between federal corruption probes of the states.

Because we're waiting on a serious corruption probe into the Bidens, and to go with our thoughts on how the country is repeating the worst of the 1970s, exit music this week is an old 70s-era Ambrosia tune, "Time Waits for No One."

Why am I searching and when will I know?
Are the years that I've waited with nothing to show?
I'm ready to listen I'm ready to win
But I can't wait much longer before we begin

Time waits for no one
Time waits for no one
No one, no one

With all three bartenders back together and John Yoo in the host chair, the gang wonders why it is that Robert F. Kennedy Jr is so far making the most sense in the 2024 presidential race, how it is that Kevin McCarthy has (stop the presses!) actually impressed Lucretia, and why the obviously political attacks on Justice Clarence Thomas expose the left at their power-grasping worst.

But then we get back to school, with John expressing his usual faux-puzzlement about the New York Times's genuine puzzlement of why conservatives "still" like Aristotle. Too bad there isn't an Aristotle for Dummies title we can send the Times, but we do manage to sort out John.

Finally, we round out this episode with some mockery of the high octane decadence of the ruling class as seen by the scheduing of the Met Gala and the White House Correspondents Dinner within 48 hours of each other last week. It must be exhausting for our rulers to keep up this kind of social schedule, not to mention the expense of the wardrobe. Tune in for Piers Morgan's fantastic headline about the scene, and grab a can of Raid.

Heather Mac Donald may be the most fearless journalist in America. She is relentless in her reporting, bracing in her truth-telling, and ferocious in arguing her case. Her new book, When Race Trumps Merit: How the Pursuit of Equity Sacrifices Excellence, Destroys Beauty, and Threatens Lives, explores how the current attack on meritocracy in the name of "equity" is rampaging through almost all American institutions, in particular arts and culture, but also higher education and corporate America.

Her bleak inventory includes the degredation of the sciences as well, which will if continued will exact a high cost. But our conversation also takes some unusual twists and turns, delving into some of the deeper aspects of the issues of race and merit that are typically neglected. We conclude our conversation with a discussion of Heather's recommendations for remedies, which will require some serious backbone on the part of the nation's political leadership that appears to be in short supply just now.

Who is the only federal judge to have played basketball in the Olympics for Cuba? Who is the only federal judge known for driving around town in a 1960s-era convertable Rolls Royce? Who is the only federal judge who was nearly deported?

The answer is an n of 1, as statisticians would say: Judge Carlos T. Bea of Ninth Circuit Court of Appeals, who the Los Angeles Daily Journal was correct to call "the most interesting judge on the 9th Circuit." Born in San Sebastian, Spain in 1934, his family left Spain for North America after the Spanish Civil War and on the eve of World War II. And the story only gets more interesting from there.

Judge Bea recently took senior status on the 9th Circuit, and the San Francisco chapter of the Federalist Society decided to throw a reception and celebration of his long and distinguished career in the law, inviting me to serve as an interlocutor with Judge Bea for a conversation that covers the highlights of his colorful life story along with his views on jurisprudence. He also supplies lessons on how to survive and prosper as a Republican in San Francisco.

This week we took the 3WHH on the road for a special ad-free episode, as Lucretia and Steve recorded before a live audience at Commenter-Con II in Phoenix. Commenter-Con II is the inspiration of 'Ammo Grrrll" (known in real life as Susan Vass), with Power Line readers from 27 states turning up. It also coincides roughly with the 40th anniversary of Lucretia and Steve's very first argument, which, Steve now admits, Lucretia was right about after all.

After we kick around the stunning news about Tucker Carlson's startling exit from Fox News, and a few other background questions about favorite books, reasons for the never-ending whisky divide, and related, we turn to audience questions, in particular our nominees for who we'd like to lock up if we had genuine prosecutorial powers.

(John Yoo wasn't able to join us as he had to be in the classroom for the last week of his classes at Berkeley Law, but sent along a note: "I wish I were there, but on the advice of counsel, I've been warned against showing up anywhere where people calling themselves 'Ammo Grrrll' and 'Lucretia' are in attendance. Steve Hayward, not so much."

In what may be the most wide-ranging episode of the 3WHH yet, the troika ranges from the implications of the Fox News settlement with Dominion for the defectiveNY Times v. Sullivan doctrine, to an extended discussion of the natural law arguments on abortion—the topic aborted last week for lack of time—and lastly to a look at notable political movies with the unlikely offering from Lucretia that an underrated moral-political movie worthy of note is . . . The Devil in Miss Jones??!!

Needless to say John and Steve didn't see that coming, and didn't know quite what to say. And this doesn't include our new segment, "Lucretia's Featured Rant of the Week," which debuted with a much deserved blast at the Department of Justice.

Steve gets his revenge at the very end, with exit music drawn from his favorite recent political movie that John and Lucretia have embargoed from further mention on the 3WHH.

This week the Supreme Court heard oral arguments in the case of Groff vs. Dejoy, involving a Post Office mail carrier named Gerald Groff, who, for religious reasons, wished not to work on Sundays. Previously the postal service had granted this accommodation, which was easy back when the Post Office didn’t do mail delivery on Sundays. But a few years ago the Post Office started contracting with Amazon and other package delvery services to do Sunday deliveries, though they still granted Groff his religious accommodation. But then the Post Office changed its mind and compelled Groff to work Sundays. Hence this case, raising again an aspect of the First Amendment’s free exercise clause.

You would think after all these decades of both religious liberty cases and employment law cases that such a situation would be well-settled, but you would be wrong. In fact the First Amendment’s clauses related to the establishment and free exercise of religious remain highly contested and unsettled.

One person who has a deep grasp of the broader issue is Vincent Phillip Munoz, who is the Tocqueville Associate Professor of political science and law at the University of Notre Dame. His most recent book is “Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment’s Religion Clauses.” Phil’s work has been cited in several Supreme Court opinions on the issue.

Phil sat down recently with John Yoo and me to discuss the issue, and the wider issue of how constitutional originalism should be understood today. You could think of this episode as a “two-whisky happy hour,” as we wanted to have Lucretia Zoom in, but she wasn’t able to, so Phil got off the hook. But in any case, let’s turn to Phil now.

Note: Apologies for the background static and other sound issues. We had our communal microphone on the wrong settings, and it was not amenable to a post-production fix.

Lucretia hosts the bar this week, as Steve and John extol the virtues of Japanese whisky while trolling the left for its latest futile attempt to take down Justice Clarence Thomas. Lucretia celebrates a brew pub in Arizona that stood up to the braying mob that resents real beer drinkers who like the Federalist Society, which deserves to go with a lighter highland malt. And in our "This Week in Democrats" segment, which pairs well with a dusty, peaty whisky, we wonder why the left is suddenly trying to push out Dianne Feinstein, and the problem this creates for Gov. Winsome Newsom, among other amusements and free entertainment Democrats provided this week.

John then walks us through the puzzles of the fast-moving case involving the revocation (stayed for the moment) of the aboritificent drug mifepristone, which turns quickly to a too-brief discussion of natural law and abortion, and why, to borrow once again Stan Evans's great line now more applicable than ever, it is a good thing Republicans are pro-life, since they spend so much time in the fetal position, unable to offer even the simplest public argument for their stance on the issue. (To be continued. . .)

Finally, Steve and Lucretia wonder why the leak of classified documents showing that the situation in Ukraine is very different from what we've been told (some people might call the party line a "lie," but that's just some people) isn't seen as the equivalent of the Pentagon Papers and Vietnam. Instead, we're being treated to a spectacle of government secrets unveiled by the cast of High School Musical: Gamer Sequel.

You know how people who think they can top something crazy like to say, "Hold my beer"? Well, this week Budweiser decided to try to top Alvin Bragg's bogus indictment of Donald Trump by rebranding their "light" beer such that no one want to hold it even for Alvin Bragg. What explains this dumbest marketing move since the New Coke? And does the Biden Administration have a political death wish by deciding to use Title IX as a trans-cudgel? ("Trans-cudgel" is one of the 159 genders isn't it?) Yes, this week was that crazy, and we haven't even got to the elections in Chicago and Wisconsin yet.

John Yoo hosts this week's episode, which is good since Steve is under the weather with yet another bug of some kind, necessitating at least three whiskies, while Lucretia adds to her "Moron of the Week" designation with yet another new feature (which will rotate amongst the three of us every week) on . . . political philosophy! Don't groan—it's going to be fun. Especially since Steve demonstrates in this episode how it is possible to sneak up on John unawares with a reference to . . . the verboten Clean Air Act!

Lot going on this week, including Steve successfully completing his mandatory online "Abusive Conduct Training," otherwise known as Lucretia's How-To Guide to Blunt Speaking. Did you know abusive conduct ias bad? How would we have known without an online training module?

The good news for Lucretia is that "making unpopular statements about controversial issues" is not considered abusive. The bad news is that "making egregious statements about a person's lifestyle"isconsidered abusive, so we have to stop ragging on John for his McRibb fixation.

The main subject this week is the turmoil in Israel about proposed reforms to its judiciary. Somehow this is an international story, as it involves possible interference from the United States, and with might be called the Internationale of the Administrative State. Did you know Israel doesn't have a written constitution? This is a large part of the problem. While the judicial reform package Netanyahu's government put forward may have some defects, its defeat—and defeat is what has occurred, make no mistake—is a loss for the cause of constitutional government everywhere.

We also get in some observations about the Nashville shooting, the proposed Census question about whether someone is a descendant of slaves, and a new feature: Lucretia's Stupid Person of the Week.

The response to COVID is arguably the single greatest public policy mistake in American history, which in turn became a global catastrophe since so many other nations followed the United States with foolish lockdowns, school closures, and other authoritarian measures that were ineffective and heedless of adverse tradeoffs. Dr. Scott Atlas of Stanford’s Hoover Institution has been vilified for his... Source

John Yoo serves as lead bartender for this gala new year’s eve edition of the Three Whisky Happy Hour, though he was nearly deposed for arriving late and then taunting us with pics of his Korean new year’s feast (see nearby). To ring out 2022 and look ahead to 2023, we cover some new whisky choices (which in John’s case included some very old port by special exemption discovered in the emanations... Source

“Human rights do not exist,” claims an anonymous dissident conservative writer, but when he (at least we’re going to identify the author as a “he”—heh) added some animadversions about our pal Michael Anton, the fight was on! Anton has responded at length to this provocation with a true tour de force over at American Greatness, entitled “Natural Right and the Traditional Reproach. Source

Lucretia and I held the first “classroom” for PLU (Power Line University) yesterday, with 110 people ultimately tuning in live for our first formal session on The Federalist Papers. We had a couple of technical difficulties—for some reason we kept failing to get the Chat window working right—and we had some hiccups admitting some live questions and comments from viewers, but we hope to have these... Source

Who knew that John Yoo is a total science fiction geek?! I’m going to have to go back and scour his law review article footnotes to see if I can detect esoteric references to Sci-Fi classics, which, it turns out, he has thoroughly familiarity. Ken Green channeling Jayne Cobb. Some time last year I did a podcast on science fiction with my old AEI writing partner Ken Green (who turned up with this... Source

As you may have heard, Stanford “University” embarrassed itself this week by issuing a list of 160 words or phrases that you shouldn’t use because they are not sufficiently “inclusive” or sensitive, including even “trigger warning,” because, Stanford helpfully explained, “The phrase can cause stress about what’s to follow. Additionally, one can never know what may or may not trigger a particular... Source

We get a steady stream of emails from readers and listeners who want to know if any of my or Lucretia’s college courses are webcast or otherwise available online, and unfortunately the answer is No, partly for legal reasons but also for some technical reasons (streaming live classes is not as easy as it might seem, and the recording quality is often poor). But we have for the longest time been... Source

What do you do when you wake up and see the news story of how the University of North Carolina is once again violating the Civil Rights Act of 1964 with a scholarship that specifically excludes white students from eligibility? Your first thought is that you need to call Mark Perry, except he’s already on the job! Perry, professor emeritus of economics and finance at the University of Michigan/ Source

John Yoo is back at last from yet another Italian junket—yes, Lucretia let him back across the border unharmed!—and hosts this week’s episode in which we clarify some of the over-hasty arguments from last week’s highly thymotic episode about exactly when and how it is legitimate to contest the Supreme Court over the application of the Constitution. This opening elided nicely into the sequels from... Source

We live in a time of “crisis addicts,” in which the left cannot shake its addiction to what might be called “crisis porn.” Remember Rahm Emanuel proclaiming in 2009, “Never let a good crisis go to waste”? He was merely stating openly what has been obvious for a century now—that governments use a “crisis” to expand its power and reach permanently, never entirely relinquishing new powers and higher... Source

Hoo boy, this week’s happy hour very nearly descended into a full-scale bar room brawl, even though we recorded in the morning over coffee instead of single-malts because John Yoo is still over in Rome! (And may not come back after this episode!) After noting a few late breaking news stories, such as Harvey Mansfield’s retirement and Sen. Kyrsten Sinema’s surprise announcement that she’s becoming... Source

With the new Supreme Court term under way, and with several potential landmark oral arguments already in the can, I decided to catch up with Ilya Shapiro, director of constitutional studies at the Manhattan Institute, and author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court. It turns out that the kind of confirmation battles that have become famous ever... Source

The whisky bar is short one bartender this week as John Yoo is overseas yet again to Italy for some nefarious purpose, so it’s just Steve and Lucretia slinging the 180-proof analysis of the Twitter revelations and other news headlines of the end of the week. But the main topic is following up on the mid-week conversation with Glenn Ellmers on “Hard Truths & Radical Possibilities... Source

Glenn Ellmers has done it again, with a new provocation that “the constitutional republic created by our founders no longer exists.” His article posted at American Greatness, “ Hard Truths and Radical Possibilities,” backs up this startling proposition with five very stark supporting arguments, starting with the fact that elections no longer suffice to control our government (even if they are fair... Source

In this special Thanksgiving long weekend edition with John Yoo sitting in the rotating host chair, the 3WHH bartenders share some wine, whisky and food pairings from the big meal. Steve supplemented his usual fare with popovers, washed down with some 2015 Trump Meritage red, expecting that it was likely past its prime, and although it had indeed lost its fruit, the depth and complexity surprised... Source

One of my favorite journals these days is The European Conservative, edited by the intrepid Alvino-Mario Fantini out of Vienna. Printed on heavy stock paper, its articles are adorned with fabulous reproductions of classic art, making it the kind of journal you’d happily put out on your coffee table alongside your gallery books from the Met or wherever. Back in September I wrote on Power Line about... Source

Your Three Whisky Happy Hour bartenders wandered to Milan this week where we recorded a rare in-person episode, and since we met in Italy, naturally we taste-tested Austrian single-malt whisky, described on the label as “dark” and “peated.” You’ll have to listen to find out the complete verdict, though one hint is that we don’t think we’ll be rushing to import any Waldvietler whisky any time soon. Source

Some smart aleck wag at the Daily Caller has decided this midterm was the “McRib” election, saying “Democracy is like the McRib: It comes and goes mysteriously every two years or so and it is confusing. And, like politicians, once the McRib is reintroduced with a big ad campaign, you remember months later why you didn’t like it in the first place.” Needless to say, with lingering threats by... Source

With John Yoo in the host chair this week, the 3WHH bartenders enjoy some four-finger pours of mostly American whisky ahead of Tuesday’s midterm election, which Steve and Lucretia think is going to be a wave of tsunami proportions. In addition to reviewing the still-volatile findings of the latest polls, we offer ranges of GOP pickups in the House and Senate (you’ll just have to listen to mark... Source

With the World Series knotted at 2-2, and the mid-term election just days away, it seemed the perfect time to catch up with Henry Olsen, the premier psephologist (trying saying that word fast just once, never mind seven times) of all things data-related when it comes to politics—and also baseball. We disagree about the decision to remove a starting pitcher working on a no-hitter into the 7th... Source

That was an extraordinary five hours at the Supreme Court yesterday—twice as long as the oral arguments were originally scheduled to last—and the longer the argument went on, the worse it seemed to get for the defenders of raced-based admissions for higher education. Maybe that was by design on the part of Chief Justice Roberts, who was sarcastic in his open scorn for what he has previously called... Source

On Monday the Supreme Court takes up the Harvard and University of North Carolina affirmative action cases in what is the Super Bowl of civil rights litigation—arguably the biggest moment for the Court since Brown v. Board of Education. Naturally that is the focus of this episode, though we do briefly review a couple of the key news stories of the week, such as Fetterman’s collapse... Source

Next Monday the Supreme Court takes up the Harvard and University of North Carolina affirmative action admissions cases, but before getting to the constitutional doctrine of the matter, there is a vexing matter that is often overlooked: if we’re going to be giving out racial preferences for admissions (and government contracts, etc), who counts as a member of which minority group? Source

Lucretia and Steve gave John Yoo the day off for this special interstitial (and abbreviated) episode that we’ll just call the *Two* Whisky Happy Hour, in which Lucretia and Steve clear up some confusion from our most recent fast-paced episode, where a few main points got muddled. Several new listeners want us to clear up exactly what we mean by natural right, how natural right (especially its... Source

Last February John Yoo and I hosted Richard Epstein, who needs no introduction for Ricochet members and listeners, for a lecture at Berkeley Law on his most recent book, The Dubious Morality of Modern Administrative Law. Given that we were still under a mask mandate on campus at the time, Richard decided to talk about our COVID misadventures as a prime example of the administrative state run amok. Source

Hoo boy! This week’s fiery episode takes up the argument leftover from last week about whether conservatism—and especially the new “national” variety that is sparking so much energy and enthusiasm right now—should conceive of its mission as Burkean in character, as “restorationist” or revolutionary. We cover a lot of ground, with Lucretia beating up on Steve for his suspicious Burkean sympathies... Source

With John Yoo in the host chair this week, we get off to a rocky start because a certain friend of ours made a favorable reference to Edmund Burke in a draft article shared with us in advance of publication, and Lucretia immediately went to DefCon1. To be continued next week! Anyway, after introducing our whiskies of the week, we get down to business with ranking the biggest farce of the week... Source

For the left, we have arrived at juris-thermo-geddon. If the Ruskies don’t nuke us, then the Supreme Court is going to nuke the Constitution! The Doomsday Clock at leftist institutions everywhere is striking midnight, yet somehow the Bulletin of Atomic Scientists “official” Doomsday Clock hasn’t budged, because apparently it is just a climate change clock now. Anyway, before taking up the legal... Source

This week offers a hybrid car of an episode—almost literally as it turns out—as John Yoo was traveling midweek when Lucretia and Steve gathered in person with Richard Samuelson to record the first half, reviewing his reflections on the significance of the “Washington Football Team” deciding to name themselves the “ Commanders,” which rather fits the administrative state today, no? From there we go... Source

This week the gang revisits the taxonomy of which Star Wars characters map properly onto the domain of the New Rebel Alliance, aka, the “national conservatives” we discussed in some detail last week, chiefly because John and Steve knew it would annoy Lucretia, who declined to accept the open position as the Princess Leia of the NatCons. But this was all just preface for her on-the-scene report of... Source