The Three Whisky Happy Hour: The Prog Mask Slips!
It's the usual brawl at the bar with the three barflies of the Three Whisky Happy Hour, where we take note of Justice Kentanji Brown Jackson sayiing the quiet (progressive) part out loud, likely flattered by the New York Review of Books recently saying of her: "Ketanji Brown Jackson is proving to be the sharpest justice on the Supreme Court." (No, seriously—they really printed that sentence.) But did she really just give away the whole anti-democratic impulse of progressives? It looks like she did. We actually agree that Humphrey's Executor is going to get executed because Slaughter (the party to the case against Trump) has set it up for the slaughter. Speaking of slaughtering, we get around to celebrating the seasonal apperance of the McRib, but not before reviewing how his bears on John Yoo's favorite constitutional doctrine, the 'unitary executive,' and we take a brief tour to argue over some of the fine points of the Dred Scott case. Because whisky will do that to you.
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.
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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.
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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.
Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.
The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.
Major Questions Doctrine and Its Bipartisan History
Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.
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