Power Line

I knew when I saw news of Vice President Kamala Harris claiming that Florida's new African-American history standards for public schools taught that "enslaved people benefitted from slavery," I knew instinctively that this was a lie of unusual medacity even for her. Don't take my word for it: read the curriculum guide for yourself, especially page six, where Harris and the rest of the race-obsessed educrat-complex twists one sentence in the most grotesque way imaginable. The real sin of the curriculum guide, from the left's demented point of view, actually can be seen page eight, where the curriculum mentions including the history of slavery before 1619. Ah—there's the rub. The real reason Harris attacks the Florida curriculum is that it dares to correct the distortions and omissions of the 1619 Project, which has become the platform for saying that America was, and is, purely a slavocracy, and that American capitalism practically invented slavery.One of my principal teachers in graduate school (and a past gu

Are the anticipated coming Trump indictments serious? Defrauding the federal government? Obstructing Congress? Violating the Ku Klux Klan Act? This is indeed John McEnroe territory—"You cannot be serious!" But is it going to work?Let's just say this episode revisits the events of January 6 with considerable disagreement among the panel about how it should be understood, what we still don't know, and how it is afftecting the next election cycle, concerning which, Luretia road-tests her latest outlandish theory. ("We're going to get comments on this one!", she promises.)Then we assay the state of the widening Biden scandals, with Lucretia scorning Steve's "eternal infernal optimism" that sooner or later the media is going to jump on this scandal. Lucretia and John are skeptical. . .Finally, are the dividends of the Harvard affirmation action admissions ruling already growing and spreading to the private sector? Have you noticed the news of the growing number of layoffs and shrinkages of corporate DEI offices? W

John Yoo is away overseas this week, so Steve and Lucretia are joined by Glenn Ellmers, author of the brand new book The Narrow Passage: Plato, Foucault, and the Possibilty of Political Philosophy. Do not be intimidated by the mention of Foucault or anything else in the title, as this crispy-written and very accessible book comes in at a reader-friendly 79 pages (Glenn admits that it began as an essay that grew a little out of control). It sheds a lot of light on our current culture war, which is really a continuation of the ructions in the country from the left that began in the 1960s but fooled us by receding briefly in the shadows for a time when the Cold War ended. More than that, though, the roots of our current contentions trace all the way back to Plato, and from whom we may also find some answers. As as we say, all this in 79 pages!Steve and Lucretia also dilate the Farce of the Week in Washington, the latest lower court rulings that look like promising attacks on the administrative state, and why the

You've heard of the Avengers. And the Incredibles. We at the 3WHH consider ourselves The Uncensorables. (Only because Justice League is taken.) In any case, just when you thought it was safe to pass by the courthouse and law library because the Supreme Court term has finished, along comes a bracing district court opinion slapping the Biden Administration hard for its collaborating with social media companies to censor COVID dissenters who turned out to be right about nearly everything. We also work through the aftermath of the Harvard/UNC decision, which is forcing the left to transfer their hated for Citizens United to this case. And what's up with the left's complaint that the 303 Creative case was a phony case? What's phony is the left's argument, which John Yoo (this week's show host) dispatches with ease, while Steve reminds us that the left has been contriving phony cases for decades. Finally, since it was Fourth of July week, we reflect on the holiday this year, Steve gives a foerboding prediction for

It's over. The fat lady has sung. The Supreme Court ended its current term with a big bang, delivering a long-overdue smackdown of affirmative action that with any luck history will say was a turning point for restoring the proper understanding of equality in our Constitution, though the follow up to overcome ther massive resistance of universities and their epigones in HR and DEI departments everywhere will be crucial—and exhausting.But wait! There's more! The Court also smacked down Biden's student loan power grab, and vindicated the principle of free speech the right of conscience in turning back the coercive identitarian demand that a Christian website designer must be compelled to produce offensive products.The 3WHH hosts were actually together in person this week for this episode, and marked the end of the Supreme Court term with a several nice rounds of Makers Mark. Next week we'll be back to our more "diverse" (heh) scope of wine, whisky, and wonkery, and we'll also get back to our slow-rolling "best

The submersible that is the Biden presidency looks to be under as much increasing pressure as the Trump reboot tour, and maybe both will implode? And when is the Supreme Court going to end the suspense and deliver the rulings on the big cases we've all been waiting for?The Court did deliver a disappointment of sorts in U.S. v. Texas, which rejected the state challenge to the Biden Administration's complete implosion of border enforcement, ruling that while states along the border have indeed suffered injury, they lack standing to sue, and/or the Court lacks a remedy it can supply, so the Biden Administration wins this round. But we break down the convoluted reasoning of the majority opinion (can it really be right that if the executive branch arrested just one person crossing the border instead of zero, states would lose standing to sue, or the Court any remedy whatsoever?), and wonder whether the case is nearly as good for liberals as they think, and whether the next item on the agenda for conservative juris

By the end of the week when our three bartenders assembled, the Trump indictment had been pretty well munched and masticated, so there wasn't much left to say about the matter for the moment. But John Yoo has a wild idea to resolve the controversy: President Biden, he says, should pardon Trump right now, and say "Let's put everything before the voters next year on the issues."Of course the last thing Biden wants to do right now is run on the issues, since he's doing such a dreadul job, and in any case there is no chance Trump will agree to any conditions for a pardon (such as admitting guilt or agreeing to drop out of the presidential election altogether). And it is doubtful Biden has either the statesmanship or the cynical wit to see the mischievous possibilities of a pardon.From there the gang tries to read the tea leaves at the Supreme Court, which handed down another puzzling ruling this week regarding Indian adoptions, and finally we continue our "best of" recommended reading list with some nominations f

Who needs Steve's peaty, smoky whisky this week when Canada is supplying a surplus for half the nation? (But it ain't Canadian Club they're serving.) After clearing the smoke from our eyes—and our whisky glasses, we get down to business on what is known so far about the Trump indictment (we recorded before the full details of the indictment were released), and wonder if the Dept. of Justice isn't blowing a lot of smoke. And just how did the Supreme Court manage to botch the Voting Rights Act case? Finally, we begin rolling out our listener-requested Essential Reading List, starting with a couple titles for the category of philosophy. Naturally Steve and Lucretia divide on a title to recommend. Next week we'll either do histort or biography, which are also difficult categories, but that's part of the fun.This show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/5816484/advertisement

John Yoo is away traveling this weekend, so the 3WHH reverts to its old form, with Lucretia pummeling Steve like a chiropractor working on a stiff neck for his conventional thinking about the debt ceiling deal. But otherwise we're in a jolly mood this week, as we see signs that a "Revolt of the Normies"—that is sensible middle class Americans—against gender wokery is finally underway. Just ask the sales manager for Bud Light, or shareholders of Target. (We could have alternately called this episode "Pride Month Goeth Before the Fall.")Then, in response to some listener requests, we begin a preliminary excursion into a "Best Books" list, though we want to await John's return for an orderly treatment of this question. For this episode Steve and Lucretia talk about political novels, and why some are enduring, like Orwell's 1984 or Koestler's Darkness at Noon, and why others have been forgotten, like Andre Malraux's Man's Fate, or Wyndham Lewis's Revenge for Love (which Steve is reading right now). As usual Steve

Phil Magness of the American Institute for Economic Research (AIER) is one of the most productive—and provocative—working scholars today (with emphasis on working, as his output is prodigious).This classic format episode features Steve Hayward and Phil in a one-on-one conversation about three of Phil's major areas of current research, starting with his co-authored article that breaks new ground in the history of Marxism, "The Mainstreaming of Marx: Measuring the Effect of the Russian Revolution on Karl Marx’s Influence," published recently in the Journal of Political Economy, one of the premier journals in economics. The article is causing heads to explode on the left, which means he must have hit a nerve.From there we talk about the history of the intellectual left's favorite epithet today, "neoliberalism," but also about how the term has been embraced with almost the same pejorative meaning by some leading thinkers on the right. Is this a good idea?Finally, as Phil has been one of the pre-eminent critics of

It's late in the 4th quarter for this year's Supreme Court season, and the Justices are starting to score with some long bombs. Our 3WHH bartenders celebrated with entire flights of whisky (our kind of diversity!) while pondering Thursday's clean sweep of two 9 - 0 decisions that reinvigorate the "takings clause" of the 5th Amendment, and clip the wings of the EPA without once mentioning either the Chevron doctrine, or a certain other statute that is banned from this podcast.But wait! There's more! We also dispatch with prejudice the crazy idea of President Biden using the 14th Amendment to raise the debt ceiling, preview a couple of brand new cases that may start to undo the DEI regime, and puzzle over a head-scratching case from a few weeks ago involving California's extra-territorial imposition of regulations of pig-farming. As this poses an existential threat both to the availability of bacon supplies and McRibbs in California going forward, this is a matter of deep concern and outrage.Speaking of pigs, J

The hiatus in Hollywood brought on by the current writers strike seemed a good occasion to check in with Christian Toto, proprietor of the indispensable HollywoodInToto website, as well as a podcast, and a terrific recent book, Virtue Bombs: How Hollywood Got Woke and Lost Its Soul. Our conversation ranges widely from the problems of streaming services, the leftward lurch that has nearly killed off late night talk shows, why Top Gun: Maverick was snubbed at the Oscars, and above all whether a backlash against wokery in Hollywood is approaching critical mass. There are some signs that it is. Stay tuned, but listen here and bookmark Christian's site and podcast.This show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/5816484/advertisement

With Steve Hayward back in the host chair this week, the 3WHH actually breaks some real news with special guest Kelly Janes Torrance, the op-ed editor of the indispensible New York Post. This week Robert F. Kennedy Jr., who is attracting surprising interest from many conservatives, visited the Post for a grilling from the Post's editorial board, and Kelly Jane opened up her reporter's notebook to share previously unreported statements RFK Jr offered at their 90-minute meeting. You won't want to miss her scoops shared exclusively with the 3WHH podcast.John Yoo was late joining us—apparently he got stuck in an extra long McDonald's drive-through line right before show time—but did manage to break down the Durham report, and also gets in on the sequels with Kelly Jane, who has a lot of thoughts on the Ukraine situation from her experiences as an election watcher in recent years.Since KJT is Canadian, we decided to honor her guest turn with exit music from the Barenaked Ladies, "New Kid on the Block," since we're

Lucretia hosts this week's episode, and as Hamilton predicted about how executive power would promote sobriety, the awesome responsibility of the host chair led Lucretia to praise Kevin McCarthy for the second week in a row, and she even has nice things to say about Steve! After the smelling salts were passed round to John and Steve (and fresh glasses of whisky poured), the bartenders get down to business, breaking down the rising anti-Semitism in the Democratic Party; Lucretia's first-hand report from the border in the immediate aftermath of the end of Title 42 and where the immigration disaster will go next (and once again, the responsible Lucretia surprises with her sympathy for asylum seekers); the travesty of the criminal indictment of Marine veteran Daniel Penny for his justified act of self-defense on the New York subway (just think of it as the attempt to run George Floyd 2.0); what to make of Trump's humiliation of CNN; what to make of the week's revelations of the Biden Family Crime Syndicate; and w

With all three bartenders back together and John Yoo in the host chair, the gang wonders why it is that Robert F. Kennedy Jr is so far making the most sense in the 2024 presidential race, how it is that Kevin McCarthy has (stop the presses!) actually impressed Lucretia, and why the obviously political attacks on Justice Clarence Thomas expose the left at their power-grasping worst.But then we get back to school, with John expressing his usual faux-puzzlement about the New York Times's genuine puzzlement of why conservatives "still" like Aristotle. Too bad there isn't an Aristotle for Dummies title we can send the Times, but we do manage to sort out John.Finally, we round out this episode with some mockery of the high octane decadence of the ruling class as seen by the scheduing of the Met Gala and the White House Correspondents Dinner within 48 hours of each other last week. It must be exhausting for our rulers to keep up this kind of social schedule, not to mention the expense of the wardrobe. Tune in for Pi

Heather Mac Donald may be the most fearless journalist in America. She is relentless in her reporting, bracing in her truth-telling, and ferocious in arguing her case. Her new book, When Race Trumps Merit: How the Pursuit of Equity Sacrifices Excellence, Destroys Beauty, and Threatens Lives, explores how the current attack on meritocracy in the name of "equity" is rampaging through almost all American institutions, in particular arts and culture, but also higher education and corporate America.Her bleak inventory includes the degredation of the sciences as well, which will if continued will exact a high cost. But our conversation also takes some unusual twists and turns, delving into some of the deeper aspects of the issues of race and merit that are typically neglected. We conclude our conversation with a discussion of Heather's recommendations for remedies, which will require some serious backbone on the part of the nation's political leadership that appears to be in short supply just now.

Who is the only federal judge to have played basketball in the Olympics for Cuba? Who is the only federal judge known for driving around town in a 1960s-era convertable Rolls Royce? Who is the only federal judge who was nearly deported?The answer is an n of 1, as statisticians would say: Judge Carlos T. Bea of Ninth Circuit Court of Appeals, who the Los Angeles Daily Journal was correct to call "the most interesting judge on the 9th Circuit." Born in San Sebastian, Spain in 1934, his family left Spain for North America after the Spanish Civil War and on the eve of World War II. And the story only gets more interesting from there.Judge Bea recently took senior status on the 9th Circuit, and the San Francisco chapter of the Federalist Society decided to throw a reception and celebration of his long and distinguished career in the law, inviting me to serve as an interlocutor with Judge Bea for a conversation that covers the highlights of his colorful life story along with his views on jurisprudence. He also supp

This week we took the 3WHH on the road for a special ad-free episode, as Lucretia and Steve recorded before a live audience at Commenter-Con II in Phoenix. Commenter-Con II is the inspiration of 'Ammo Grrrll" (known in real life as Susan Vass), with Power Line readers from 27 states turning up. It also coincides roughly with the 40th anniversary of Lucretia and Steve's very first argument, which, Steve now admits, Lucretia was right about after all. After we kick around the stunning news about Tucker Carlson's startling exit from Fox News, and a few other background questions about favorite books, reasons for the never-ending whisky divide, and related, we turn to audience questions, in particular our nominees for who we'd like to lock up if we had genuine prosecutorial powers.(John Yoo wasn't able to join us as he had to be in the classroom for the last week of his classes at Berkeley Law, but sent along a note: "I wish I were there, but on the advice of counsel, I've been warned against showing up anywhere

In what may be the most wide-ranging episode of the 3WHH yet, the troika ranges from the implications of the Fox News settlement with Dominion for the defective NY Times v. Sullivan doctrine, to an extended discussion of the natural law arguments on abortion—the topic aborted last week for lack of time—and lastly to a look at notable political movies with the unlikely offering from Lucretia that an underrated moral-political movie worthy of note is . . . The Devil in Miss Jones??!!Needless to say John and Steve didn't see that coming, and didn't know quite what to say. And this doesn't include our new segment, "Lucretia's Featured Rant of the Week," which debuted with a much deserved blast at the Department of Justice.Steve gets his revenge at the very end, with exit music drawn from his favorite recent political movie that John and Lucretia have embargoed from further mention on the 3WHH.

This week the Supreme Court heard oral arguments in the case of Groff vs. Dejoy, involving a Post Office mail carrier named Gerald Groff, who, for religious reasons, wished not to work on Sundays. Previously the postal service had granted this accommodation, which was easy back when the Post Office didn’t do mail delivery on Sundays. But a few years ago the Post Office started contracting with Amazon and other package delvery services to do Sunday deliveries, though they still granted Groff his religious accommodation. But then the Post Office changed its mind and compelled Groff to work Sundays. Hence this case, raising again an aspect of the First Amendment’s free exercise clause.You would think after all these decades of both religious liberty cases and employment law cases that such a situation would be well-settled, but you would be wrong. In fact the First Amendment’s clauses related to the establishment and free exercise of religious remain highly contested and unsettled.One person who has a deep grasp