3 Whisky Happy Hour

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 after Dobbs.

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's 1984 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.

Phil Magness of the American Institute for Economic Research (AIER) is one of the most productive—and provocative—working scholars today (with emphasis on working, as his output is prodigious).

This classic format episode features Steve Hayward and Phil in a one-on-one conversation about three of Phil's major areas of current research, starting with his co-authored article that breaks new ground in the history of Marxism, "The Mainstreaming of Marx: Measuring the Effect of the Russian Revolution on Karl Marx’s Influence," published recently in the Journal of Political Economy, one of the premier journals in economics. The article is causing heads to explode on the left, which means he must have hit a nerve.

From there we talk about the history of the intellectual left's favorite epithet today, "neoliberalism," but also about how the term has been embraced with almost the same pejorative meaning by some leading thinkers on the right. Is this a good idea?

Finally, as Phil has been one of the pre-eminent critics of the 1619 Project from the moment it first appeared four years ago, we catch up on the latest iterations of that popular leftist propaganda effort.

Everyone should follow Phil on Twitter, @PhilWMagness, and you'll see how he lives rent-free every day inside the heads of leftists.

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