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: 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 certain statute that cannot be named on this podcast.
Subscribe to 3 Whisky Happy Hour in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.




John Yoo defines neoconservative nation-building as beginning with the post-WWII reconstruction of Germany and Japan.
Nice going. That’s classic being born on third base, and thinking you hit a triple.
Defining “neocon” thusly omits perhaps the most important aspect of nation-building that has been entirely absent from the neocon playbook: unequivocal military defeat and capitulation by the defeated power, including unconditional surrender.
The United States hasn’t even declared a war since 1945, let alone won one.
I lean towards Lucretia as far as expecting the Supremes to rule our way, this comes from 60 years of having rugs pulled out, very often by our own side, and with ridiculous reasoning, emanations from penumbras, ‘let’s call it a tax’ etc.
The Comey 86 thing , I always thought it meant to put it in the garbage, not necessarily kill it. Much as I’d absolutely love to see Comey in orange. An indictment over this would give fuel to the ‘Trump the dictator , coming for his enemies’ crowd.
Lou Prevost is a fan of J.D Vance
Vance meets with Pope Francis
Two weeks later Lou’s brother is Pope.
Hmmm..
In the late ’70s and early ’80s, I moonlighted as a bartender, first in NY and then California. I always thought “86” meant to kick someone out. As in, “Joe’s had enough — time to 86 him.” Legend had it that the term came from — appropriately enough for the Three Whiskey Happy Hour — the alcohol content of the booze. Thus, he’s had too much 86-proof whiskey, cut him off and kick him out. I am not familiar with modern slang or gangster slang, so 86 may have other connotations I hadn’t heard.
Comey is indeed a jerk, and he’s going to play the victim to sell books. I agree with the above poster who said prosecuting him would only feed the Trump as tyrant dictator and deflect from the good works he’s doing.