The Three Whisky Happy Hour: Rolling Road Trip Edition
We could have called this the jeg lag from hell episode, as John Yoo managed to spend 11 hours yesterday on an airplane that didn’t fly anywhere, while Steve, already planted as an advance guard in Palermo ahead of next week’s conference in Sicily where the 3WHH crew will be together in person at the University of Enna, is batting both jet lag and a airplane-acquired bug that left his voice raspy.
So Lucretia hosts this week, and wonders whether both parties are a hot mess at the moment, what to make of the scene from the cashiering of Messy Massie to Der Platner of Maine to Ken Paxton in Texas, but landing on the breath of fresh air that is Spencer Pratt.
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.

State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?
When can a crass political remark be deemed an indictable “threat of violence”? When those charged with recognizing the law’s “supremacy” and the “limitations” on their authority disavow both principles.

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.


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