Podcast—The Three Whisky Happy Hour: Counting Courts


At one point during the livecast recording of this week’s episode on Zoom, a commenter said the score was “Lucretia 6, Hayward 0,” so naturally I thought I was only behind by two field goals, and thus easy to make up in the 4th Quarter. But then the commenter clarified that he was using soccer scoring, which meant that I was getting crushed. “Ask Paul,” he added unnecessarily. Oh well.

What led to this ignominious rout? I foolishly tried to make the case that not all statistical anomalies (like the occasional clusters of twins born in small towns from time to time) are proof of something wrong, including voting, but Lucretia wasn’t having any of it, and to be sure while statistical anomalies may be just that, when you have several “anomalies” all trending in the same direction, pattern recognition takes over. But what are the legal remedies? It is not clear we can count on the courts to correct the counts.

At least the Supreme Court delivered one clear remedy for religious liberty this week, and our second whisky shot this week went beyond this ruling to talk a bit about the police power generally, and why many legal histories—but also Chief Justice John Roberts, alas—get this wrong.

We still didn’t get to our promised seminar on “snobbish snobology,” but promise to do it next week. If all the ballot counting and recounting is over.

The new whisky for this week is another Japanese blend, Kisoyama, which can’t be said three times fast after you’ve had a few shots without lapsing into “your momma’s so fat” jokes.

Listen here, or over with our hosts.




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