Power Line

A NATO potentate may—or may not—have said this week that President Trump is the "daddy" of the alliance, but daddy is firmly back in charge here at the 3WHH, as Steve has finally decided to rejoin the American republic after several weeks abroad, during which time John and Lucretia pretty much ran amok. After noting that Trump is on a roll, with a sharp argument about whether Trump actually has true prudence in his grand strategy as well as tactical skill (John is skeptical), we get down to the main event: the flurry of big, last-day decisions of the Supreme Court. Beyond the case getting the most attention—limited nationwide injunctions from federal district court judges—the other cases, and this term as a whole, has a unifying theme: Parents Win! (Fitting for an episode entitled "Daddy's Home" don't you think?) Having now completed the three most consequential years of conservatives jurisprudence in decades, we end with a brief discussion of where constitutional originalism should go from here. Stay tuned; we take note of sharp and growing divisions among conservative legal thinkers on this issue.

After last week's thrashing after leaving John and Lucretia with the car key to the podcast. Steve threatened to return this week like George Washington leading the troops to squash the Whiskey Rebellion in 1794 (which, people who know their history will recall, was a total rout for the rebels), but since he is still in Ireland—the birthplace of Edmund Burke—the virtues of moderation, prudence, prescription, and magnanimity took over, sparing John and Lucretia from a verbal gullitoine blow. (How's that for a triple-historial-referencing!) But that doesn't mean there wasn't still some warfare, though we turned out bellicosity mostly toward Iran, and went through some arguments about why the U.S. ought to end the matter by taking out Forden, and why we should ignore the media-driven attempt to drive a wedge in MAGA world over the issue. From there, we have a lot to say about the Skirmetti decision, including savoring the deepening civil war inside the Democratic Party between its implacable identity politics wing and those Democrats who still have a lick of political sense. And finally, we end with a 3WHH-inspired limerick. That doesn't involve Nantucket.

Hoo boy—Steve wasn't able to work out the schedule (and internet acess in the Norwegian Sea) to join Joohn and Lucretia for this week's episode, so he left them completely unsupervised, resulting in what John and Lucretia described as an "unplugged" edition, blessedly free (supposedly) from any historical analogies. Steve thinks "unhinged" might be a better description of this heterodox episode, which somehow included quite a lot of history, just not in the usual edifying form that so many listeners have come to depend upon. You can guess the subjects. Go ahead: guess. Or listen here, and sign on to Steve's "Change.org" petition to require that the 3WHH never again go off without adult supervision. Or maybe you will like the ritual abuse Steve received in absentia.

With two of the three bartenders hanging around near or above the arctic circle this week, this is an official Northern Exposure episode of 3WHH, with Lucretia, instead of channeling her usual Barry Corbin disposition, actually has some nice things to say about many of her usual targets, including KJP, Dread Coward Roberts, and even Ka-tan-ji! Something in the Alaska air must be affecting her! John Yoo offers his usual expert opinions (not meant sarcastically) about the entirely unexpected trifecta at the Supreme Court this week, which we all agree augurs something important not only for the big cases remaining this term, but also for the judicial epoch in which we current find ourselves. We also quickly dispatch with the Trump-Musk breakup, and briefly introduce a new segment, "What's Wrong with John Yoo?", since he insulted both Steve and Lucretia several weeks ago by referring to both as "political theorists." Them's is fightin' words; he might as well have called them Anglophiles or something worse. Finally, AI outdid itself this week, and an Norse-style epic poem that amazing described your three whisky bartenders with surprising accuracy: First came the Bold One, with thunderous laugh, Whose tongue split the silence like Odin’s own staff. He spoke of Islay, of smoke and peat’s sting, A connoisseur forged in the cask of a king. Then came the Wise One, in cloak of soft tone, With tasting notes ancient as Midgard’s old stone. She sipped and she pondered, then spake with deep grace: “This dram bears the oak and the wind from some place.” The third was the Trickster, sharp-witted and sly, Who’d jest at the gods as the crows passed him by. With metaphors wild and a glint in his eye, He’d toast to Valhalla, then laugh till he cried.

John Yoo hosts this week where there is so much free trade in ideas that you'd need a 1,000% tariff to slow it down. Which the U.S. Court of Intenational Trade attempted to do for about six hours, during which time the 3WHH panel chews up the ruling and spits it out like a bad piece of Icelandic cod. (Which happens to be where Steve, now dubbed as the "International Man of No-Mystery" happens to be at the moment, which is why this episode comes with more than the usual amount of viking jokes and Norse epic poetry.) Anyway, the gang predicts this issue is likely to be another win for Trump when the dust settles. But first the gang also ponders whether Trump is overdoing it with his attack on Harvard. Is it possible to overdo the attack on Harvard? You'll have to give a listen to this ad-free episode to find out.

Lucretia hosts this week's episode, and puts Steve and John through their paces, challenging both to judge Trump's winning streak (John isn't so sure), plus more mixed signals from the Supreme Court, which posted a 2 - 1 record this week. The group also ponders whether and how Congress should now step up on the Biden health cover up scandal, and notice that Congress indeed has explicit constitutional power under the 25th Amendment to pass legislation to make sure that something lilke the Biden coverup never happens again. But then we get to the main event: John Yoo's Top Five Legal Rules that everyone should know. Steve is threatening to next week to give his Top Five reasons why a Certain Statute That Cannot Be Uttered here is the key to everything! And we are happy to report that John survived another turn on "Outnumbered" on Fox News.

One of Lucretia's favorite epithets is "that's the dumbest idea," so we decided to put her on the spot and demand a list of "Lucretia's Top Five Dumbest Ideas" for this episode, but not before a thorough dissection of the issues involved with Thursday's Supreme Court oral argument about the conjunction of birthright citizenship and the plague of nationwide injunctions against executive branch actions by a single judge out in the hinterlands somewhere. You can tell the New York Times is worried, because they ran a major feature on Thursday about how the thesis that birthright citizenship might not have a solid foundation in the 14th Amendment is a "fringe theory." And yet here we are. Listen in for a reference to how this Supreme Court issue resembles the rebel alliance against the Evil Empire in Star Wars. Next week: John Yoo's five axioms of Supreme Court jurisprudence. One of them involves a certains statute that cannot be named on this podcast.

We're up a day early with this special emergency edition of the 3WHH because it isn't every millennium when you get an American Pope. With John Yoo hosting this week we hold ecumenical court on what to think about an American Pope who displays some progressive political sympathies, but is a math major and an Augustinian, which are more promising indications. We offer a few things to watch for as this papacy unfolds. Next up: what to make of Trump's foreign policy, especially in light of the firing of NSA Mike Waltz. John is confused (so what else is new?), and once again Steve and Lucretia have to sort him out about how foreign policy analysis ought to begin, with the first step being, throw out all your academic IR theories! Meanwhile, the title for today's episode arises from a joke in the middle of this topic. (You'll just have to listen to find out what it is, and if you don't like it, blame Richard Samuelson!) Finally, we use the latest disgrace at Columbia to judge whether colleges are starting to shape up or not, and why we want the Trump Administration to keep up the pressure.

Lucretia hosts this week as the Three Musketeers are back together again, taking on Trump at the 100 Day mark, the latest in lawfare, the dismal Canadian election, whose solution John Yoo suggests is straight up imperial conquest—why make Canada the 51st state when we can make it a territory to be exploited like Puerto Rico and Greenland? We're so back that Lucretia even revives some good old fashioned lookism in this episode! We close with a few thoughts on the passing of David Horowitz, whose central lesson has still not penetrated the Vichycons who don't understand the metaphysical meaning of Trump. Exit music this week from our pal Steve Tootle o Cosigner, who is a faithful listener to this show.

Friday was cap and gown day for Steve at Pepperdine's commencement for the School of Public Policy class of 2025, while John Yoo is on the road somewhere at an undisclosed location, so Steve and Lucretia kick around a couple of seemingly unrelated stories about the Amish (the ultimate opt-out community) and the latest Supreme Court argument involving human nature and the right of parents to opt-out from public school nihilism. And then as a chang of pace we offer Steve's recent conversation with energy journalist extraordinaire Robert Bryce (whose Substack is very much worth following). Bryce always has a way of explaining the often eyes-glaze-over numbers of the energy world, but in this interview extending himself into a one-man DOGE, revealing who is the number-one leftist advocacy group fattening at the federal funding trough.

Another whirlwird 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, which the Supreme Court has rather unusually agreed to take up in May—surprisingly late for such and important oral argument. We take note of the growing number of scholars who think the current conventional wisdom is not a slam dunk at all! Apparently at least four Juctices agree. From there we discuss whether Trump's attack on Harvard is correctly calibrated, with Steve, in a rare moment, being more extreme than Lucretia on this issue. The Harvard controversy elides into a discussion of whether conservatives ought to be openly emulating the deep political strategy of Antonio Gramsci, as the Wall Street Journal pondered on Thursday. There is a lot of dissent on this point from "Vichy conservatives" who seem willing to continue losing slowly to the left. Finally, John can't help himself, and baits Steve and Lucretia on whether, on this 250th anniversary of the "shots heard round the world" at Lexington and Concord this week in 1775 really justified revolution against British rule. Lucretia makes quick work of this provocation, and a hush fell over the virtual studio.

John Yoo is back this week, bringing the 3WHH up to full strength again after last week's astonishingly congenial episode, which can mean only one thing—not even high tariffs, which this week's host (Steve) vainly tried to impose on ths discussion—could stop a vigorous free trade in ideas. After our discussion of where the tariff matter stands as of the end of this week, we turn our focus to the week's continuing legal and constitutional developments of the Trump juggernaut, most especially his heretofore neglected instruction to regulatory agencies to review and eliminate any and all rules and regulations that might now be considered unconstitutional in light of several Supreme Court opinions over the last few years that have started to curtail the reach and power of the administrative state. Finally, we try out a slightly new ending for this episode, with topical exit music designed in part to annoy Lucretia. Mission accomplished!

The 3WHH crew is down a glass this week because John Yoo is down with a bug and unable to join us—or was he afraid of subjecting himself to Lucretia, host for this week's episode. With fear, trembling, and trepidation Steve barved the peril with all the aplomb of the Black Knight in Monty Python, and yet by the end of this episode still ahd all four limbs attached! Lucretia's fancy whisky must have mellowed her, as this surprisingly convivial episode found remarkable harmony about the defects of the Democrat-media complex, and why it is just as debilitating to Democrats' fortunes as the state of California is. Also, was Obama overrated, underated, or just lucky? There was some divergence about tariffs, and we bet listeners can guess about how this split played out. And if you can't guess, then there's only one way to end the suspense.

As if to put an exclamation point to the crazy story of the week about the Trump national security team adding a hostile journalist to their Signal group chat about bombing Houthi and the Blowups, Steve accidentally texted the Zoom link to this week's taping to John Eastman (who was otherwise pre-occupied). In any case, after reviewing the completely out of whack signal-to-noise ratio of Signalgate, and the latest machinations in the lawfare against Trump, we take up as our main subject the question of whether the burst of enthusiasm among a few liberal thinkers to build stuff again—like liberalism used to in the New Deal—has much prospect of success. As Steve notes, Ezra Klein has called for "supply-side progressivism," but notes that the newfangled "abundance liberals" don't have a napkin or a curve, and if you don't have a napkin or a curve, it's just sparkling neoliberalism. Needless to say, John is mostly oblivious, and Lucretia is unimpressed. But maybe the movement can start with making their own blue hats, "Make Liberalism Great Again!" Of course, the acronym this generates sounds like a mumble, but isn't another mumble a perfect fit for Democrats right now?

Trump does more consequential things in a day that most presidents do in a month, so we may need to measure his tenure in office in dog years. It must certainly seem like dog days for the left, which is lying prostrate on the ground much of the time, panting and out of breath, gnawing on a bare bone. After ticking through a number of happy stories this week—the end of DEI at Berkeley; Greenpeace getting nicked for $667 million dollars, Columbia University capitulating to Trump—we get down the the week's new frontiers of lawfare. Is this moment a "constitutional crisis," as the left claims, or is it a long overdue moment of constitutional challenge, with the aim being the restoration of the proper dimensions and functions of our republic? We marhc brisky through four aspects of the issue, including nationwide injunctions, oral orders from the bench, the autopen question for a president (Biden) who was on autopilot for four years, and Trump's retaliation against private law firms that allowed themselves to be adjuncts to the Democratic Party. All this, and a discussion of what we think is the first-ever judicial opinion rendered by video, by Ninth Circuit Judge Lawrence Van Dyke, in a gun case.

The only truly functioning high-speed rail in America today is the Trump Train, and not even the prospect of a 200% tariff on the core commodity of this podcast—single malt scotch whiskies—can dampen the 180-proof spirits of Lucretia, host of this week's episode. But we still manage to get in some disagreements about how to understand what is going on, especially with the Ukraine War endgame. In fact, we got John Yoo to out himself as the OGNC ("original gangsta neo-con") on the question of whether American foreign policy has been overly dominated by Wilsonian internationalism for the last century, or whether it has been more realist. John was responding to my two Substack articles (here and here) on different aspects how idealism and realism play out in the Ukraine matter, disliking both. Lucretia responded with a great harumph. There was much less harumphing and more huzzahing for the humiliation and confusion of the Democrats this week, culminating in the Dem surrender over the budget continuing resolution. About the confusion of federal judges (this is putting the matter charitably) trying to block some of Trump's moves, John sees hope for optimism that these roadblocks will be overcome, while debunking the claim that Trump is causing a "constitutional crisis." (Link coming when his latest article goes live.) Steve merely longs for the good old days of Watergate.

The whole gang is finally back together behind the bar this week, with John Yoo in the host chair skillfully leading our unruly gang in a round-robin three-subject format that we're alternating this year. Steve leads off wondering if Gavin Newsom, and Senate Democrats, are at last having their "Sister Souljah" moment about the transgender millstone around their neck, though Steve points out that Democrats will have great difficulty pulling this off, and lays down two additional markers to judge whether Democrats will really make a serious move to the center. The underlying thesis is that the success of a political realignment is not merely changing your own party and assembling a new majority coalition, as Trump has largely accomplished, but the extent to which it compels the opposition party to change some of its core positions, as Democrats had to do after three landslide losses to Reagan and Bush in the 1980s, and the Labour Party had to do after Thatcher kept crushing them in England at the same time. Lucretia then flags for us James Piereson's New Criterion article out Friday, "Too Many Democrats," and discuss whether faithfulness to the original intent of the Pendleton Act that set up a supposedly "neutral" civil service requires mass firings of Democrats in the bureaucracy, as well as voters waking up to the destructive incompetence of Democrat-run cities. And this leads to John's closing segment, drawing on his Fox News article up this morning, "Supreme Court's USAID move has a surprise benefit for Trump," in which ahe argues the Supreme Court's ruling mid-week on disbursement of AID funds was not the defeat people first thought. And we also debate just how to think about Justice Amy Coney Barrett's concurrence in this decision, about which our gang is divided.

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.

John Yoo is away this week, so the 3WHH has brought in a 180-proof guest in John's place—the great Richard Epstein, who speaks at an average rate of 125 words a minute, with occasional gusts of 200 words per minute. We discuss two of his many extraordinary books, the first being his 1992 title Forbidden Grounds: The Case Against Employment Discrimination Laws, which is newly salient in the aftermath of recent Supreme Court decisions like the Harvard/UNC case. Is it time to repeal (or substantially amend) the Civil Rights Act of 1964? From there we take up his shorter book How Progressives Rewrote the Constitution (only 137 pages, which is Richard writes before breakfast most days). While Lucretia and I concentrate on large philosophical currents that drove the progressive counter-revolution against the American Founding, Richard lays out some of the specific step-by-step erosions of the rule of law that are central to the saga. But as Lucretia and I began our taping mid-day Friday we caught the news that the newest front in the Ukraine-Russia War had suddenly broken out in . . . the Oval Office, so we share a few preliminary thoughts on what it all means.

Our long-running intramural argument on this podcast over the Ukraine War has become just like the Ukraine War itself—lots of casualties on both sides, but very little movement from week to week. But is Trump actually on the cusp of a breakout? There's one thing Trump did this week that is surely causing Putin to wipe the smile off his face, and no one seems to have figured it out. It's all part of Trump's Great Reset. There is more unanimity amongst the 3WHH bartenders about Gaza, and once again Trump's seemingly outrageous or whimsical ideas of making Gaza into Atlantic City doesn't just move the Overton Window in the Middle East—it remodels the whole structure. Forget the two-state solution. Finally, we have a moment of silence for the passing of the inventor of the McRib and chicken nuggets. John Yoo is going into 40 days of mourning.