You might want to think of this totally gonzo episode as the 3WHH-Squared, as it was taped live during happy hour Friday night in a very noisy Washington Hilton Hotel at the annual conference of the Federalist Society, where John and I are present and making a general nuisance of ourselves. Lucretia was supposed to be in Hawaii this week on some kind of junket or super-secret mission, but the government shutdown interposed itself.)
As we did last year, we simply invited a handful of legal luminaries to drop by our not-so-quiet corner, with cocktails in hand, to kick around whatever is on our mind. We were delighted to have Judge William Pryor of the 11th Circuit Court of Appeals drop by briefly before having to run off to host a dinner for his clerks; Roger Pilon, long-time director of constitutional studies at the Cato Institute, hung around to heckle everyone; Ilan Wurman, one of the rising young stars of the conservative legal academy, fell into our snare as well, and Hadley Arkes, who needs no introduction here. (Would any such gathering be complete without Hadley dropping by? To ask the question is to answer it, of course, as any disquisition on necessary truths from Aristotle to Kant would know.)
The highlight of this gaggle was Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University (and one of John's principal mentors at Yale Law way back when, which may explain a few things), to talk about his brand new and highly readable book, Born Equal: Remaking America's Constitution, 1840-1920.
Since we were recording out in the open at the Washington Hilton, this episode is a bit . . . authentic, to so speak. We ask the indulgence of listeners to its many irregularities.