E252. The Three Whisky Happy Hour: Footnote Fourplay

Published: May 8, 2021, 2:26 p.m.

This week we decided to play “clean up on Supreme Court aisle [footnote] four,” and explain further why we think 1938’s Carolene Products decision was actually the most significant of the New Deal era decisions that distorted the Constitution and our subsequent politics. Many of the perversions of modern civil rights politics actually descend from this case that was about adulterated milk, of all silly things. How did we get so far off track? Lucretia, naturally, takes a more radical view of the problem.

But not before she assails Steve for his choice of opening bumper music, which was yet another argument Steve lost. From there we introduce a new magic number to track alongside the count for “Who Shot Ashli Babbit” (now 121 days), some thoughts on the California recall, how Arizona Senator Kirsten Sinema seems to be less than a total Flake, and some head scratching about wide-angle lens photography at the White House.