Owing partly to travel schedules that prevent our normal and proper Friday evening happy hour to debrief the week, combined with the shocking leak of the prospective Supreme Court opinion in the Dobbs case, we decided to declare a special mid-week happy hour with Scott and John joining in the libations, along with a special guest, the noted Whisky-McRibb pairing expert, John Yoo, coming to us from outside his favorite squash court in San Francisco—all recorded before a live audience on Zoom (and thank you to everyone who tuned in).

We begin by revisiting several predictions we made about the Dobbs case in our podcast of December 10, where we not only nailed the dynamic of the likely decision based on how the oral argument went, but also discussed the probability that the opinion would leak, in an unprecedented attempt to blow up trust and public esteem for the Supreme Court. In fact, as the show notes for that episode record:

We also speculate on whether there might actually be leaks from somewhere inside the Court ahead of the decision—something that rarely or never happens—because the liberal justices are desperate to do anything to derail an overturning of Roe (which, Steve argued to John, is the “McRibb sandwich of modern jurisprudence: a compressed confection of offal cuts slathered with sauce to disguise its true awfulness”).

The title says it all, yes? Not quite. It doesn’t tell you that everybody’s favorite Peter Robinson is off to Israel, and will therefore be filled in by everybody’s favorite Steve Hayward. And it also fails to tell you that the indefatigably cheery John Yoo is our guest!

The hosts pick John’s brain on everything from the trouble in the Mouse House, to slipping mandates, and on to a sure-to-be controversial SCOTUS decision set for June.

Prof. Charles Kesler, editor of the Claremont Review of Books, and author, most recently, of The Crisis of the Two Constitutions, recently visited Berkeley to give a lecture on his book, and sit down with John Yoo and me to discuss what we’re calling the “Claremont Question,” which is really just a headline for several controversies.

The largest is the “Trump question” and the character of nationalism and populism generally, but we also discuss the controversies over the 2020 election, January 6, and the role of our friend and Claremont colleague John Eastman, who is being dragged through the mud by the vengeful left.

Lucretia added to her intrepid legend by venturing into the asylum at Berkeley this week to record this episode in person with Georgetown Law Professor Randy Barnett about his new book (co-authored with Evan Bernick), The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.

To remind listeners, Barnett argued the Gonzalez v. Raich case that challenged the unlimited reach of the Commerce Clause, and was one of the principal architects of NFIB v. Sebelius that challenged Obamacare back in 2012.

Before getting into the main topic of the 14th Amendment, we open with some intellectual history, as Prof. Barnett began his legal career as a prosecutor, and taught contracts in law school before being drawn into constitutional law mid-career. Since then he has published a series of highly regarded books that have helped revitalize constitutional originalism.

This week’s episode is going up a day early as we had to call Happy Hour for Thursday evening on account of scheduling problems, and Steve and Lucretia welcome to the bar the noted Bourbon drinker and McRibb connoisseur John Yoo. (He’s also apparently a law professor somewhere.)

We review a few of the tea leaves from last week’s Supreme Court oral argument in the Dobbs case, but use this momentous case to talk more broadly about the whole problem of stare decisis (“let the decision stand”) in our jurisprudence. Along the way we entertain some seriously heterodox views, such as the proposition that Brown v. Board of Education never actually overturned the “separate but equal” doctrine of Plessy v. Ferguson. It it has done so, we wouldn’t have the messy regime of quotas and affirmative action today.

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions.

The fourth and final panel featured two authors of recent books on presidential power: Saikrishna Prakash, author of The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers, and John Yoo, author of Defender in Chief: Donald Trump’s Fight for Presidential Power. They were joined by University of Michigan Professor of Law Julian Mortenson. The session was moderated by the Gray Center’s Co-Executive Director Jennifer Mascott.

Programming Note: the first version of this show had some tracks out sync due to an encoding error. If you received that version of the show, please delete that file and re-download the show to get the fixed version. We apologize for the inconvenience and added an additional outtake at the end of the fixed version as a gift for enduring our mistake.

“The state is powerful and everyone else you know is a moron.” And with that from Rob Long we launch into our Rank Punditry™ segment on the propaganda wars being waged in America today.

We recorded this one on Friday evening, which is the reason most of you are receiving it on Saturday. We’re sorry about that, but to make up for it, we cast around for the perfect ensemble and we think we nailed it: Steve Hayward, John Yoo, and Erick Erickson. The latter joins to give us the lowdown on all of the politics in Georgia, which he knows better than anyone. After that, it’s a bit of an open mic night, we veer from the threat of a China/Taiwan conflict to the scene on college campuses, and some thoughts on the U.K. on the passing of Prince Phillip. Fasten your seat belts, it’s going to be a bumpy one.

Music from this week’s episode: Royals by Lorde

Last one of the year, people. And what a year it’s been; but hey, let’s not get into that now. To help us put a bow on 2020, we asked our official election law analyst, John Yoo to stop by to delve into the latest suits filed and what options are left (hie National Review piece published earlier this week worth reading before you listen to his segment). Then, we wanted to end things on a happy note, so we asked our podcasting colleague Arthur Brooks, host of Ricochet’s Art of Happiness podcast to help us reset our attitudes and psyches for 2021. We also asked to give some TLC to a certain misanthropic member of this crew. Did it work? Only time will tell. Finally, we do some spelunking of bad Christmas tunes (and some good ones, too) courtesy of Lileks Post of The Week winner @cliffordbrown. Also, are people with grad degrees doctors? What say you?

Thanks for sticking with us through a turbulent and yes, often contentious year. We very much appreciate the listens and your feedback. We wish everyone a happy and healthy Christmas break and we’ll see you back here on January 8th.

Is it the dawning of a new era or are we continuing the one we’re already in? The answer was not clear when we assembled today at 9AM Pacific Time (the best time zone, as everyone knows), but we do our best to pundit all of the facts we knew when we rolled tape clicked record. But before we start that, Rob Long has a statement he’d like to make. And Peter Robinson has some thoughts on why the race may not really be over. On that topic, we are lucky to have John Yoo, Esq. back on to take us through the myriad election laws on both the state and the Federal level. Then, Arizona native (and Ricochet Editor-In-Chief) Jon Gabriel calls in from his car to explain the finer points of voting with a Sharpie and why that matters and offer his theory on how that state’s Presidential race is going to wind up. Finally, we go across the pond to Budapest to tap the mind of one the most cogent political observers we know: John O’Sullivan. From his perch in Budapest, he has a perspective and a point of view that is perceptive and unique. And he sounds so urbane when he delivers it, we can’t resist. Finally, wind up with some thoughts and insights on polling and why it was so off this cycle.

That’s a wrap on the 202o election cycle, folks. We thank you for sticking with us. We know (boy, do we know…) that you didn’t always agree with what you heard on this show, but we hope you weren’t bored and that once in a while you gained an insight or two. We have some interesting plans for the show going forward (including offering members the ability to watch it –warts and all– live on Zoom as we record it) and some very cool guests. The future starts now.

Another jam packed week means another jam packed show: We’ve got the Ricochet Podcast’s Senior Court Packing and Confirmation Correspondent, John Yoo to help us sort out the coming SCOTUS confirmation hearings, and we’ve got Lt. General H.R. McMaster, U.S. Army, ret. to talk about his new book, Battlegrounds: The Fight to Defend the Free WorldAlso, a Ricochet Podcast Presidential Debate Preview and the weirdest Emmy’s ever.

Music from this week’s podcast: Roar by Katy Perry

Since the election of Donald Trump, Americans have been sharply divided in their views of his presidency. Has he preserved the Founding Fathers’ vision of an energetic executive? Or has President Trump, in his quest for executive efficiency, sidestepped crucial constitutional constraints? This episode presents John Yoo and Adam White’s conversation from the July 28 AEI webinar on John’s new book, Defender in Chief: Donald Trump’s Fight for Presidential Power. During their conversation, John and Adam examine Donald Trump’s performance as president. But they also unearth and discuss deeper theories about the nature of executive power. John contends that president have a “power to reverse,” meaning a vastly consequential policymaking power to modify the decisions of previous administrations. John also sees a vital role for presidents, not just the Supreme Court, in defending the Constitution. In this episode, Adam and John consider and debate these ideas and others that animate American constitutionalism today.

The post Defender in Chief: John Yoo on President Trump and executive power appeared first on American Enterprise Institute – AEI.

In his new book, “Defender in Chief: Donald Trump’s Fight for Presidential Power,” author and constitutional scholar John Yoo makes the case that despite popular belief, President Trump has been a protector of constitutional law, not an offender. Yoo joins Ben Domenech to discuss how Trump’s executive actions compare to President Barack Obama’s, the consequences of Trump’s foreign policy, and whether Trump understands the limits of his presidential power. Yoo is a Hoover visiting fellow and Berkeley Law School professor.

Tis week, James is blue, Peter is unplugged, Rob meets his political doppelgänger, John Yoo meets his hero, and Kevin Faulconer (the current Republican Mayor of San Diego) gets his shot on The Big Show. Also, Ricochet member @skipsul gets another turn as the Lileks Post of The Week, and the podcasters pick Biden’s VP.

Want still more Yoo? Join us next Wednesday at 7PM ET for virtual book party with John, hosted by Troy Senik on the occasion of the publication of his new book Defender in Chief: Donald Trump’s Fight for Presidential Power. Ask questions, get gardening tips, and more. See here for details.

The Supreme Court recently ruled against the Trump administration’s attempt to abolish DACA, the Obama-era program protecting DREAMers from deportation. However, the Court’s opinion may have unforeseen consequences for the Constitution and balance of powers.

John Yoo joined the show to explain why the SCOTUS ruling creates a dangerous precedent for executive power. He also discusses Chief Justice John Roberts’ voting record, President Trump’s defense of the Constitution, and what’s at stake in the 2020 election.

Lucretia and I are already departing from our nascent Islay-Highland-Irish whisky flight format because we have a guest bartender and malt master on with us for this weekend’s episode—John Yoo! John not only knows the deep history of fine Japanese whiskies, but also the Constitution and presidential power. He has a terrific new book coming out on Tuesday, Defender in Chief: Donald Trump’s Fight for Presidential Power.

The book explores how John came to change his mind about Trump, seeing in Trump’s conduct in office a clear pattern of defending the proper constitutional prerogatives of the presidency, and helping to restore the separation of powers to their intended dimensions. Along the way Lucretia baits John about whether the Supreme Court was a good idea in the first place, and Steve likes John’s “hypothetical”idea for having Trump designate all of his hotels and properties as national monuments.

About once a year, we get a visit from the master himself, the great Thomas Sowell. This year’s session is on the occasion of the publication of his new book, Charter Schools And Their Enemies  and more importantly, his 90th(!) birthday on June 30th. We talk about the success of charter schools despite the teacher’s union and America’s worst mayor doing everything they can to undermine them. Then Ricochet’s Senior Supreme Court and Legal Analyst John Yoo joins to break down last week’s curious DACA and Bostock decisions. Finally, some thoughts on statues.

We’re off next week for the holiday. Stay safe everyone!

We don’t tend to do location work on this show, but when a major news event happens in the city where one of our hosts live, we get a up-close and personal view. And when that host is James Lileks and Minneapolis, the amount of detail, insight, and thoughtfulness could fill a dozen podcasts. James describes what the last few days have been like, and where he thinks his city is heading. But that’s not all we’ve got for you. We’ve got the NYT’s Bari Weiss on Joe Rogan, podcasting, and why our medium in now a major media platform (it’s very meta conversation). Then, obscure law professor and fast food aficionado John Yoo stops by to school us on platforms versus publishers (guess what Ricochet is?), that pesky section 230, and why Twitter probably should not be fact checking the President.

Music from this week’s show: My City of Ruins by Bruce Springsteen

This week on the pioneering social distanced produced podcast (we are all at least several hundred miles apart), we of course talk about the virus that went viral. And fair warning: there is some criticism of the President in this show. We also call on our old friend, Purdue University President Mitch Daniels, who in an alternate universe, is probably enjoying his second term as President of the United States. P.S. you should read Andy Ferguson’s terrific profile of him in The Atlantic.We talk to him about the virus (natch), how he’s keeping tuition at Purdue under $10K, and the challenges of running a large community in this day and age. Then, the 4th Ricochet Podcaster (as he’s now known), John Yoo stops by to talk about the legalities of governments taking over hotels and medical facilities to treat coronavirus patients. Finally, more talk about life in the Age of Corona and James gives some tips on buying toilet paper.

Yeah, it another really busy week in the Ricochet Podcast Extended Universe (or as we like to call it, RIPEU, or repoo): we had a primary, some candidates drop out the race, we had a former Trump campaign advisor sentencing blow up into a fight between the President and his Attorney General. But we decided to ignore all of that (for at least about 70% of the show) and focus on other matters. First we have a discussion about why things are actually pretty great right now, premised on Ross Douthat’s upcoming book The Decadent Society: How We Became the Victims of Our Own Success (Ross will be on the show in March to defend himself).

Then, we continue ignoring current events as the great Yuval Levin stops by to discuss institutions and why we need them (you’ll want to buy his book, A Time to Build: From Family and Community to Congress and the Campus, How Recommitting to Our Institutions Can Revive the American Dream). It’s a fascinating conversation, completely devoid of any controversy involving a Tweet. Ahhhh, take me away Calgon. But, all of that bliss comes to a crashing halt when Ricochet Podcast Senior Justice Department and Legal Pundit John Yoo calls in from the tub in his hotel room (not kidding!) to discuss the Barr/Trump/Stone controversy  of the moment. Guess we had to do that? Also, Rob Long moonlights on yet another podcast to discuss his hobbies. We recommend it. Finally, mazel tov to @bucknelldad, he’s the winner of the highly coveted Lileks Post of The Week, for his French Court Scrambles the Debate Over What is “GMO” in Foods post. Magnifiqué, mon ami.