The Three-Whisky Happy Hour: Emergency Midweek Edition
Why let our frenemies at the Commentary podcast (frenemies since they dissed the sacred McRib recently) have all the fun with their emergency podcasts: after today’s errant Supreme Court rulings, it was necessary for the 3WHH bartenders —well two of us at least—to jump to our mics to express our outrage, but also to celebrate briefly Trump’s tour de force speech before Congress last night. And not to mention the second installment of our conversation with Richard Epstein, this time on his slim, commendable, and highly readable short book, How Progressives Rewrote the Constitution.
So sit back and enjoy your midweek dram of neat single malt with us.
The Three Whiskey Happy Hour
The Three Whisky Happy Hour: The Long March Back?
Another whirlwind week of controversies that exceeded our bandwidth to keep up (or at least to compress into an hour), but John Yoo, this week’s host, leads us in revisiting the question of “birthright citizenship” under the 14th Amendment.

The Three Whisky Happy Hour: Neoconclave Edition
Steven Hayward, John Yoo, and the pseudonymous Lucretia break down the week's top stories and continue a long-running argument about first principles.

Constitutionalism

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.


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