3 Whisky Happy Hour

40 Episodes
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By: Ricochet

Steven Hayward, John Yoo, and "Lucretia" bring you a whisky-sodden perspective on the week's big headlines, and occasional deep dives into law and philosophy.

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Three Natural Lawyers & a Positivist Walk Into a Bar. . .
Three Natural Lawyers & a Positivist Walk Into a Bar. . . episode artwork
#18
Today at 12:18 PM

If you're old enough you may recall when the TV networks would do cross-over episodes that combined two prime-time cop shows, such as New York's Cagney & Lacey teaming up with San Diego's Simon & Simon to solve a caper in Denver. Well this week the 3WHH has joined forces with the cast of the James Wilson Insititute's "Natural Law Moment" podcast for our own version of a crossover.

Lucretia wasn't able to join John and Steve in Washington DC this week as planned—not to worry anxious listeners; she hasn't been shipped off to a re-education camp by the new...


Election Hangover & Free Speech: It's Only One Whisky This Week
Election Hangover & Free Speech: It's Only One Whisky This Week episode artwork
#17
11/07/2026

Welp, it's only a One Whisky Happy Hour this week, as Steve had to go solo. John is overseas, and Lucretia is indisposed this weekend. Actually, you could say this is a One-and-a-Half Whisky Happy Hour, as Steve has an extended "cameo" with special guest Carson Holloway of the University of Nebraska, author of a terrific new book, No Liberty to Libel: The Constitutional Case Against NY Times v. Sullivan. 

Steve opens with a few observations about the election rout, which don't sum up to "things will get worse before they get worse." While no one should sugarcoat t...


Captain James T. Kirk and the Constitution
Captain James T. Kirk and the Constitution episode artwork
#16
10/31/2026

John Yoo is back this week, but Lucretia is away for once, but in her place we have special giest Michael Stokes Paulson of the University of St. Thomas Law School in Minnesota, who is the author of, among many other significant legal articles, "Captain Kirk and the Enterprise of Constitutional Interpretation: Some Modest Proposals from the 23rd Century."

It turned out to be very timely as we received the sad news of the passing of Patrick Stewart, which started off a fresh round of the SciFi equivalent of the debate between the ancients and the moderns, that...


Knowledge or Not, Here We Come
Knowledge or Not, Here We Come episode artwork
#15
10/25/2026

This week's delayed episode is a throwback to the old days, with just Steve and Lucretia in attendance because travel schedules disrupted all three of the 3WHH bartenders. So the original dynamic duo just kick around some news highlights of the week, and offer a couple book recommendations.

Is "not to my knowledge" Ilhan Omar's version of Bill Clinton's "I did not have sexual relations with that woman" (IF "Ilhan Omar" is her real name)? This appears to be one of those cases where the media's favorite mistaken cliche about Trump—"the walls are closing in"—appears to appl...


Saving Western Civilization Edition
Saving Western Civilization Edition episode artwork
#14
10/17/2026

John Yoo turns up this week, along with a cameo from our favorite classicist Alex Priou, for an episode that ranged widely from McDonald's to the prospective deportation of Ihlan Omar to women's "athleisure-wear" in the gym, but in the end resolves to a common theme: are we going to be able to save Western Civilization from that relentless attacks from the Left? (And if you don't think McDonald's is important to Western Civilization, you aren't paying attention!) 

We have our usual spectrum of views about the whole "civic education" enterprise, and our cameo conversation with Alex Priou o...


Godwin's Law Edition
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#13
10/08/2026

Sitcom viewers will recall the "Soup Nazi" from Seinfeld, but the famous Soup Nazi needs to yield to the latest iteration of this low form of comedy, as this week's episode features the person who has been called "the Shampoo Nazi"—Charles Haywood. We would have thought that people named "EricKKK EricKKKson" (see how easy it is to be stupid?) would know Godwin's Law, whose most important corollary application is that the first person to resort to Reductio ad Hitlerum is immediately deemed the loser of the debate. 

Charles Haywood is a person of considerable controversy these days, and...


The Left's Death March Picks Up Speed
The Left's Death March Picks Up Speed episode artwork
#11
10/02/2026

Way back in the 1970s Malcolm Muggeridge wrote a classic essay entitled "The Great Liberal Death Wish," but in recent years this forumulation has been becoming more pronounced. Forget abortion: the leading edge of Progressive "compassion" is "assisted" suicide, which, while claiming to be in the cause of "relieving suffering," loosk to be much more insidious when you look closer at what is really happening. 

John Yoo is away this week, so Lucretia and Steve welcome Wesley Smith as the special guest host for this episode. Wesley the director of the Discovery Institute's Center on Human Exceptionalism, a r...


What the Hell Is This?
What the Hell Is This? episode artwork
#10
09/26/2026

We don't know how to describe this episode. We start out by looking over the forthcomong docket of cases for the new term of the Supreme Court that begins next week, but then John Yoo, back from playing hookie last week, drops in a mischievous question about the "theological-political question," and proved anew that Pavlov's theory still works, as Lucretia and Steve bit, hook, line, and sinker, as the story goes. 

But the gang also goes on to the juicy media and higher education stories of the week, including the latest embarrasment of Nicole Hannah-Jones discovering that New Y...


Is Trump "The End of History"?
Is Trump "The End of History"? episode artwork
#9
09/18/2026

So it happens that Francis Fukuyama, who became famous because of his of book The End of History and the Last Man back in the early 1990s, is having a moment in 2026. See, he really didn't mean it, and besides, he is no longer even a neo-con but has moved left because Donald Trump ruined his parade by restarting history. Or at least disrupting it. Or something. And suddenly he'd getting glowin notices in the liberal media. Big surprise there.

Glenn Ellmers of the Claremont Institute takes the truant John Yoo's place this week, and as the author...


25 Years On
25 Years On episode artwork
#8
09/11/2026

This week's episode is 100% ad-free, as we take up the somber subject of "memory against forgetting" (to borrow Milan Kundera's useful phrase) on the subject of the 25th anniversary of 9/11, and we didn't want to risk getting an automated ad for "Jihadis-R-Us Truck Rental" or something. John was at the Dept. of Justice that day (and late into the night); Steve was four blocks from the White House (and due to meet there at 11 am that morning), and Lucretia was overseas in Germany toward the end of her stint there as a military spouse (and mom to young children that...


Is There a Modern Remedy for Ancient Hatred?
Is There a Modern Remedy for Ancient Hatred? episode artwork
#7
09/04/2026

John Yoo is off again this week (I know—many of you think he's "off" every week!), so joining us as a special guest is Titus Techera, who wears many hats, including executive director of the American Cinema Foundation; Distinguished Fellow at Hillsdale College; International Program Coordinator, Edmund Burke Foundation; and researcher in political philosophy, Mathias Corvinus Collegium in Budapest. The Romanian-born Techera is one of those non-citizens whose love of liberty led him to become a deep lover of America.

We cover a lot of ground with Titus, and since he is currently in Budapest, we get a...


Privateering Edition
Privateering Edition episode artwork
#6
08/28/2026

The band is back together again this week as John Yoo ends his truancy, and we take up the fresh legal and constitutional disputes of the moment, starting with the Supreme Court's recent rulings about mail-in ballots and the Trump Administration's efforts to enlist the Postal Service on behalf of election integrity. From there we move on to the novel proposal to bring back prize courts and authorize old fashioned "privateers" to capture Iranian shipping on the high seas and profit from their cargoes—something United States hasn't done since around the time of Andrew Jackson (Trump's favorite president, perhaps no...


New Headlines and Old Time Religion
New Headlines and Old Time Religion episode artwork
#5
08/23/2026

We're a day and a half late with this episode, but better late than never. It's just Steve and Lucretia this week—John Yoo will be back next week—and they spend the first half of the episode updating some of last week's main stories while noting that instead of dying down, they have intensified.  The Luigi Mangione Fangirl Murder Mob has extended its tender mercies to Lindsay Clancy, the Massachusetts wife who (allegedly) strangled her three children apparently—to listen to her demented symathizers—in anticipation of what may become Fourth Wave Feminism. No—we're not making this up!

...


Will the Rotting Timbers of Academia Finally Fall?
Will the Rotting Timbers of Academia Finally Fall? episode artwork
#4
08/16/2026

The shocking suicide of the fraudulent Jason Arday alongside the Atlantic cover story about how a mostly leftist scholar "of color" (Tyler Austin Harper) quit his tenure track job at Bates College because he couldn't stand "the insufferable hypocrisy of elite academia," ought to be the last straw for our nation's tolerance for a completely rotten education system, from K-12 through the colleges and universities. But it probably won't be, because the left is not going to give up these premier bastions of political power unless they are crushed. And that can't be done quickly or easily.

Joining...


Post-Liberalism + "Henry Kissinger" Cameo?
Post-Liberalism + "Henry Kissinger" Cameo? episode artwork
#3
08/08/2026

This week's episode features frequent guest Phil Munoz of Notre Dame University, sitting in for John Yoo, discussing his very timely new article in First Things magazine on "The Founders and the Common Good." His article is getting a fair bit of buzz on the interwebs, as it takes up the surprisingly hot topic of "post-liberalism," in particular to dispute the contention of some leading post-liberals that the American Founding was defective and therefore part of the problem. We also take up briefly an excellent article on the same issue by Andrew Walker in The Daily Wire, "The Neutrality Myth...


Emergency Executive Order Edition
Emergency Executive Order Edition episode artwork
#2
08/07/2026

President Trump's executive orders Thursday afternoon attempting to re-ground his opposition to birthright citizenship prompted an emergency livestream with me and Lucretia on Substack. We wanted to get ahead of the certain hysteria of the blue-faced crazies on BlueSky (and the media, but I repeat myself) that Trump is "undermining the Constitution" and "defying the Supreme Court."

To the contrary, Trump is defending the Constitution from the mistaken assumption that the judiciary—and only the judiciary—has the last word on these matters. We break down the main issues in this 30-minute, ad-free mini-episode.

Our regular epis...


The Hiatus Is Over!
The Hiatus Is Over! episode artwork
#1
08/01/2026

The hiatus for the rebooted 3WHH is over! We got the band back together, and to further paraphrase the political philosophy of the Ellwood brothers, it's 70 minutes to the end of this podcast, we've got a full glass of whisky, half a pack of cigarettes, it's dark, and we're wearing sunglasses. Just like Anthony Fauci in his glam cover shot for In Style magazine back in 2021.

Most of our changes are cosmetic, and it it still a work-in-progress, but the two main new features on display this week is a short "cameo" appearance from a slate of contributors w...


Emergency Edition, with John Eastman
Emergency Edition, with John Eastman episode artwork
#28
07/14/2026

Lots of people didn't get the memo that the 3WHH is on hiatus for the month of July as we revamp the show's format and lineup, but since I don't want loyal listeners to go into painful withdrawals, I am offering this emergency stopgap edition, with just me and a frequently-requested guest, John Eastman.

If you go only by the mainstream media coverage of the Supreme Court, you might think that the 6 - 3 decision against President Trump's executive order that attempted to curtail birthright citizenship under the emanations and penumbras of 14th Amendment was a serious setback. But...


Gala July 4 Special Edition
Gala July 4 Special Edition episode artwork
#27
07/04/2026

Two guesses about the topic of this special bonus edition for today's semiquincentennial, and neither of them count. That's right: we take up the Declaration of Independence and revisit some of the lingering issues that have arisen during this season of renewed debate about America's "birth certificate," as well as a few that haven't seen much discussion.

For example, John noted in National Review Online that contrary to popular impression, the Declaration does not reject energetic executive power, while Steve recall for The Daily Wire (alas, paywalled) the contrast between how the left handled the bicentennial in 1976 and...


Grading the Supreme Court Term
Grading the Supreme Court Term episode artwork
#26
07/03/2026

Well, that was quite a finish for this year's Supreme Court term, which, as usual, released the most controversial and consequential cases on the very last day of its sitting. This wrap-up episode—the first of a double-episode package for Jul4 4 since we missed last week's regular episode—dwells a lot on the birthright citizenship case, with sharp disagreements among the 3WHH bartenders, but from there we move on to ponder the ambiguity of the "Humphrey's Straddle," and the significance of the ruling striking down one of the key pillars of government regulation of campaign financing—the so-called "coordination" rule. 


Hot Apple Pie Surveillance Edition
Hot Apple Pie Surveillance Edition episode artwork
#25
06/19/2026

This epicly (is "epicly" a real word?) gonzo episode finds Steve still somewhere in the middle of the storm-tossed north Pacific Ocean, while John and Lucretia hold down the fort from various locales back on dry land. 

But who else can knit together the return of McDonald's hot applie pies with Elon Musk's hot SpaceX IPO, hot Apple i- devices and their security issues, hot section 702 renewal, hot rulings from the Supreme Court, and the need to take all of these in sections.

Speaking of taking things in sections, we do our best to break down t...


Channeling Admiral Ackbar? (It's a Trap!)
Channeling Admiral Ackbar? (It's a Trap!) episode artwork
#24
06/12/2026

This week's episode, which finds Steve over in Japan but still with a hoarse voice, ranges widely from exonerating John Yoo from being implicated in a major whiskey heist, to what the prodigious drinking habits of the Founding Fathers has to say about constitutional law today. Justice Neil Gorsuch reminds us that “John Adams took a tankard of hard cider with his breakfast every day. James Madison reportedly drank a pint of whiskey every day. Thomas Jefferson said he wasn’t much of a user of alcohol—he only had three or four glasses of wine a night.” 

Ah, the gr...


Jet Lag Edition
Jet Lag Edition episode artwork
#23
06/05/2026

So your three bartenders are back from overseas, but still a bit jet lagged and struggling to keep up with the news. Was it a good week? The firing of Scott Pelley is certainly good news, as are the initial results of the California primary, where the energy and enthusiasm is clearly on the side of the outsider insurgent candidates. (Knock on wood: let's see how the "vote counting" goes over the next several weeks in the "incompetent" Golden State.) 

Not such a good week for John Bolton, nor for aesthetic sensibility, if the Obama library is any i...


Tackling the Admin. State from Sicily
Tackling the Admin. State from Sicily episode artwork
#22
05/29/2026

The end of this week finds the 3WHH crew in situ in Enna, up in the highlands of Sicily, visiting the University of Kore for a conference on, well, everything, though it is hard to tell since half the speakers are speaking in Italian and the rest of us arenspeaking in English. John Yoo's incoming plane was delayed—again—but it gave us the prompt we needed to have in John place R.J. Pestritto, the Dean of graduate education at Hillsdale College, but above all one of the most treachant critics of the Progressive revolution of the early 20th cent...


Rolling Road Trip Edition
Rolling Road Trip Edition episode artwork
#21
05/23/2026

We could have called this the jeg lag from hell episode, as John Yoo managed to spend 11 hours on a airplane yesterday that didn't fly anywhere, while Steve, already planted as an advance guard in Palermo ahead of next week's conference in Sicily where the 3WHH crew will be together in person at the University of Enna, is batting both jet lag and a airplane-acquired bug that left his voice raspy.

So Lucretia hosts this week, and wonders whether both parties are a hot mess at the moment, what to make of the scene from the cashiering of...


Gonzo Hybrid-Reboot Edition
Gonzo Hybrid-Reboot Edition episode artwork
#20
05/18/2026

[CORRECTED AUDIO]

We've had some gonzo episodes before, and a couple of trainwrecks, but this is the first-ever episode that is actually two episodes edited together, with sequence changes, new sound effects, canned insults from John, etc. I explained in a Substack post our technical difficulties that arose in the livestream, and here is the fix. Let us know what you think!

In fits and starts we do cover some breaking legal developments, whether Israel has any hope of a libal action against the New York Times (which richly deserves it), the surprising statesmanlike bearing of P...


The Three Whisky Happy Hour: Gonzo Hybrid-Reboot Edition
The Three Whisky Happy Hour: Gonzo Hybrid-Reboot Edition episode artwork
#20
05/17/2026

We've had some gonzo episodes before, and a couple of trainwreck, but this is the first-ever episode that is actually two episodes edited together, with sequence changes, new sound effects, canned insults from John, etc. I explained in a Substack post our technical difficulties that arose in the livestream, and here is the fix. Let us know what you think!

In fits and starts we do cover some breaking legal developments, whether Israel has any hope of a libal action against the New York Times (which richly deserves it), the surprising statesmanlike bearing of President Trump, some surprising...


From Plato to NATO
From Plato to NATO episode artwork
#19
05/09/2026

Another hectic week for your 3WHH bartenders, and John Yoo wasn't able to join us at all, so this week's episode includes a special guest Steve has long wanted to bring on, Alex Priou of the University of Austin, the bold, brash start-up that has generated lot of headlines and controversies in its early years of operation. He's also the co-proprietor of a rival podcast, The New Thinkery, which is on hiatus at the moment as the team is in motion to new assignments, but it can be thought of as an unofficial "Gulf Coast" Straussian podcast. (Check out some...


The Left Blows a Gasket
The Left Blows a Gasket episode artwork
#18
05/02/2026

The left was already hysterical ever since Trump won a second term, but this week the left had a total meltdown after the Supreme Court scaled back racial gerrymandering under the Voting Rights Act. And the Three Whisky Happy Hour was totally there for it! The big question for us was, what took them so long? 

The gang also discusses some of the most recent revelations of perfidy over COVID and other matters during the Biden Administration, and whether another assasination attempt against President Trump is a sign that leftist rage is becoming a critical danger to domestic tr...


Thomas Derangement Syndrome?
Thomas Derangement Syndrome? episode artwork
#17
04/25/2026

Move over Trump Derangement Syndrome! The left is clearly afflicted now with a full-blown case of Thomas Derangement Syndrome—after Justice Clarence Thomas's speech last week about the Declaration of Independence, which, let's face it, gives leftists the heebie-jeevies with all that talk about how we are "endowed by our Creator" with certain inalienable rights. With the band back together again this week, we dissect the left's hysterical reaction which indicate to us that Thomas hit a raw nerve with "Progressives," who are actually quite regressive.

We also divert briefly to John Yoo's typically idiosyncratic observations on executive po...


Almost Live from Tampa
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#16
04/18/2026

For the second week in a row, the 3WHH gang (minus one) were on the road, this time recording live in the corner of a hotel lobby before the annual meeting of the Philadelphia Society. The sound quality of this episode is . . . authentic. Yes, I'll go with that. 

John Yoo couldn't make the meeting, so we have a special guest, our old pal Glenn Ellmers. With John absent, we get our freak on about the Clean Air Act . . . actually we didn't do that. We did worse: We get down in the weeds of metaphysics, radical historicism, the theological-political p...


Live from Tulsa!
Live from Tulsa! episode artwork
#15
04/11/2026

This week the 3WHH podcast "went mobile people!", venturing to the University of Tulsa's College of Law for a live-taping before an enthusiastic audience of law students, faculty, and some loyal listeners. We departed slightly from our usual format, and focused on a single subject: the Declaration of Independence at 250. 

John Yoo decided to be more obstreperous than usual with his utilitarian-positivist-pragmatism, but it made for a highly entertaining episode. We had a wonderful time visiting Tulsa.

Don't miss the YouTube version of the episode, which includes the "pre-game" introduction (not included in this audio episode) w...


From Birthright Religion to "Lockistotle"
From Birthright Religion to "Lockistotle" episode artwork
#14
04/03/2026

Notre Dame's Tocqueville professor of political science, Vincent Phillip Munoz (Phil to his freinds and colleagues), joins this special episode which finds all three of your regular bartenders in the same room for once while on the road in Austin, Texas. Phil is one of the leading scholars of religious liberty in the U.S., and after a progress report on the Iran War (we're still winning), and a prolonged look at the Supreme Court oral arguments in Trump v. Barbara, the birthright citizenship case heard this week, we pick Phil's brain about the status of school prayer, and whether...


Send the TSA to Iran?
Send the TSA to Iran? episode artwork
#13
03/28/2026

Be afraid, be very afraid, as this livestreamed edition of the 3WHH featured special effects for the first time. Steve has a new toy—a soundboard that comes with the classic sound effects. These turn out to be quite useful when pondering where the Iran War stands, why the deal to end the DHS shutdown was so confusing and ulimately collapsed, what the "pursuit of happiness" means in the Declaration of Independence (one clue: happiness is contending with John's never-ending intransigence about all things metaphysical), why the closing of the 'Liberal Patriot' Substack is an ominous sign for the old-fashioned re...


Shots Fired—Winning Here, Losing There
Shots Fired—Winning Here, Losing There episode artwork
#12
03/21/2026

This week we raise the Jolly Roger against an imitator podcast that is intruding on the 3WHH's exclusive right of commentary on all things McDonald's, but then we move on to our own balance sheet about the Iran War (verdict—we're winning big, and Trump is killing it), and the saga of the SAVE Act in the Senate, where opinion divides more sharply among the three of us. 

Here we land the blame squarely on GOP Senate leader John Thune, and did you know that "thune" is a slang French expression for for money, though it is often use...


Int'l Law and Lawlessness at Home
Int'l Law and Lawlessness at Home episode artwork
#11
03/14/2026

To paraphrase—awkwardly—that 70s-era lyric, "International Law! What Is It Good For? Absolutely. Nothing! Good God!" 

Lucretia host's this week's episode, which combines her skepticism of international law, especially as it relates to our current military operations against Iran, along with her impatience with our willful refusal to take radical Islam seriously, now that Islam-inspired violence in the U.S. is now a daily occurence. 

The first topic was inspired by John Yoo's latest article on the subject; the latter subject inspired by the news headlines, needless to say.

Oh, we also make the ca...


War! What Is It Good For? (Absolutely. . . Something!)
War! What Is It Good For? (Absolutely. . . Something!) episode artwork
#10
03/07/2026

This special "Give War a Chance" episode, the second under our joint sponsorship of the Civitas Institute and Ricochet, had some peculiar technical glitches that make it quite odd and somewhat disjointed. Steve cut out halfway through, and getting him back was a great bollix.

In any case, we reviewed some key points of the Great Iran War of 2026, along with observations on the Supreme Court's intervention on the side of California parents (we can't believe this was even an issue, but it is), and then after Steve came back, a mad scramble to the finish.

...


Newsom, Clinton, Tigers and Bears Oh My!
Newsom, Clinton, Tigers and Bears Oh My! episode artwork
#9
02/28/2026

This week we went round-robin format—or the podcast equivalent of potluck—with each bartender bringing a subject on their mind. John wonders whether the Clinton deposition about Epstein is really sensible, Steve wonders how Gaffen-Gavin Newsom can possible survive this week's "George Romney Moment" (you need to be a certain age, or have read some political history from the 1960s, to get this reference), and Lucretia wonders why universities have allowed themselves to be swallowed whole by useless administrators.

Along the way we do lighting round hot takes on Trump's stupendous State of the Union speech, whether we'r...


Can You Tariff a Vibe Shift?
Can You Tariff a Vibe Shift? episode artwork
#8
02/21/2026

Was the Supreme Court's tariff case Friday a no-lose case for conservatives, as Steve argues in this fast-paced episode, or a serious setback for President Trump? We were just surprised John Yoo had any voice left at all to break it down for us after being on call throughout the day for Fox News, but he saved his best for us. Hint: The fact that the three liberals on the Court wrote concurring opinions disagreeing with Chief Justice Roberts's reasoning behind the decision suggests some useful mischief at work in the decision. 

The second half of this episode t...


Saving Elections, Saving Energy, and Recalling Scalia
Saving Elections, Saving Energy, and Recalling Scalia episode artwork
#7
02/14/2026

Whether free and fair elections can be saved with the SAVE Act is the first topic of debate this week, along with a celebration of the Trump Administration rolling back the EPA's power to make our energy scarce and expensive. Steve describes this bold step as the "Inchon Landing" in the war against the administrative state. Forget Nixon-to-China cliches: only Trump could take such a bold step that no other conventional Republican would dare take. 

We also spend a good deal of time recalling the passing, ten years ago now, of Justice Antonin Scalia, whose shadow over contemporary j...