Libertarian: Recent Episodes
Hoover Institution
The Libertarian podcast features a weekly conversation with Hoover senior fellow Richard Epstein on the issues of the day.
Richard Epstein and Charles C. W. Cooke discuss Christopher Nolan’s The Odyssey—its departures from Homer, its moral themes, and its spectacular scale. They also explore aesthetics, virtue, Greek and Roman law, and the relationship between ordinary moral intuition and formal legal reasoning.
Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about whether smarter rules could make soccer fairer, faster, and even more exciting.
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk’s hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to confiscate or redistribute them often destroy wealth, drive capital out of high-tax states, and leave everyone worse off. From California’s tax experiments to New York estate taxes to the politics of envy, Epstein makes the case that prosperity—not punishment—is the better path to helping the poor.
This week, Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America’s fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump’s handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.
Richard Epstein analyzes the Trump administration’s controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s latest Voting Rights Act decision, examining how the ruling in Louisiana v. Callais narrows the use of race in redistricting and marks a turning point in election law. Epstein argues that the Court has finally begun to rein in what he sees as decades of overreach, tracing the evolution of voting rights jurisprudence from the Civil Rights era to today and questioning whether majority-minority districts have outlived their original purpose. The conversation explores the legal foundations of racial gerrymandering, the unintended political consequences of engineered districts, and the broader implications for polarization, representation, and the future of redistricting in the United States.
Richard Epstein examines the unfolding U.S. confrontation with Iran through both a strategic and constitutional lens, arguing that President Trump’s approach reflects a deeper tension between military necessity and political constraint. Epstein contends that limited or “half-war” measures—such as reliance on air power or pursuit of partial ceasefires—invite instability, while effective strategy demands either decisive dominance or restraint from intervention altogether. The conversation then pivots to the constitutional stakes, with Epstein criticizing the War Powers Act as an impractical and possibly unconstitutional encroachment on executive authority, arguing that modern warfare requires speed, secrecy, and unified command that Congress is structurally ill-equipped to provide. The discussion highlights the enduring conflict between law and strategy, suggesting that America’s greatest vulnerability may lie not only in foreign adversaries, but in its own divided system of war-making power.
A Los Angeles jury has handed down a verdict stating that Meta and Google are held liable for a young woman’s psychological harm allegedly linked to social media use—along with a $6 million damages award. But what legal theory could possibly justify it? Richard Epstein dissects the case, from the limits of Section 230 to the growing push to impose liability on platforms for user behavior. Epstein explains why the ruling rests on shaky ground, how it collides with longstanding principles of tort law, and why—if upheld—it could expose tech companies to catastrophic, system-wide liability. The conversation ranges from contributory liability and First Amendment concerns to the deeper question: who is responsible when harm flows through a network? A sharp, fast-moving analysis of a case that could reshape the legal architecture of the internet.
Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.
Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.
Richard Epstein unpacks what the equal time rule actually is, where it came from, and why it still applies to broadcast television decades after the demise of the Fairness Doctrine. He also explores the original justification for FCC regulation based on spectrum scarcity, the uneasy relationship between free speech and campaign finance law, and whether the logic behind these rules makes any sense in a world of YouTube, podcasts, and limitless media platforms
Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.
President Trump’s recent embrace of economic proposals run sharply against free-market orthodoxy, exploring three headline-grabbing ideas: capping credit-card interest rates, banning institutional investors from buying single-family homes, and restricting dividends and stock buybacks by defense contractors. Why is a Republican president is advancing policies more commonly associated with progressive populism? Drawing on economic history, constitutional law, and real-world market behavior, Epstein argues that price controls, capital restrictions, and politicized contracting consistently backfire, harming consumers, workers, and innovation alike. The conversation situates Trump’s proposals within a broader populist strategy, assesses the political incentives behind them, and warns that ignoring basic economic lessons risks repeating some of the most durable policy failures of the past.
Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explain how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.
Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC. Epstein walks through the constitutional history — from the Founding to Humphrey’s Executor to modern administrative courts — and explains how the Court’s interpretation of Article II has evolved, splintered, and in some cases contradicted itself. The conversation covers everything from the steel-seizure precedent to the Federal Reserve, the structure of the administrative state, and the unresolved tension between originalism and the practical realities of modern governance. Epstein explains why this case could be one of the most consequential constitutional questions of our time.
Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.
Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.
Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.
Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.
Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.
Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.
Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.
On episode 3, Charles C. W. Cooke asks Richard Epstein about Israel's potential defamation suit against the New York Times. Can a country sue a newspaper? Where would such a case be heard? Does it matter that Israel is a "public figure"? Could "actual malice" be proved? Would the New York Times want to settle? Does its non-retraction update help, or worsen, its position?
On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?
The libertarian is back. On this first episode of the new series, Richard Epstein talks to host Charles C. W. Cooke about immigration. What powers was the federal government given over this area? What—and why—did those powers change? Can the states fill any gaps? What due process are immigrants entitled to?
Richard Epstein discusses several controversial cabinet nominations, including RFK Jr. at HHS, Kash Patel at FBI, and Kari Lake at the Voice of America. He also comments on the rapidly changing scenario in the Middle East and what it will mean for the incoming Trump administration’s foreign policy.
Richard Epstein reacts to the long list of appointees to Trump’s cabinet, including his less-than-traditional selections for Secretary of Defense, Director of National Intelligence, and Attorney General. He also addresses the suggestion that Trump use Article II, Section 3 to recess-appoint his whole cabinet.
Recorded on November 13th, 2024.
Richard Epstein issues warnings and predictions for an upcoming second Trump term, covering Supreme Court appointments, the Senate filibuster, tariffs, abortion bans, illegal immigration, support for Ukraine and Israel, and deficit spending.
Richard Epstein reacts to a recent New York Times article about Trump’s bombastic promises to prosecute his political enemies and provides expectations for voting results in the upcoming election.
Richard takes aim at California’s new law to prevent legacy and donor-linked admissions at private universities, arguing against the claim that it parallels recent affirmative action rulings.
Richard Epstein clears up questions over Israel’s beeper attack on thousands of Hezbollah members in Lebanon and provides the classical liberal’s approach to preventing gun violence and school shootings.
Richard Epstein reacts to the news that a popular right-wing online content creation company has been paid to spread Russian propaganda and weighs in on an historian's absurd claims about the Holocaust and Winston Churchill.
Richard Epstein provides clarity on the treatment of Jewish students and the actions of pro-Palestinian protestors on college campuses from UCLA to Columbia. He then previews the problems the Democratic National Convention will likely have with far-left protestors and offers recommendations to those running the DNC.
Richard Epstein evaluates President Biden’s three proposals for reforming the Supreme Court: A constitutional amendment, term limits for Justices, and a brand new code of ethics.
Richard Epstein reacts to President Biden stepping down from the Democratic ticket and weighs in on Vice President Kamala Harris’ chances of beating Donald Trump in November. He also works through whether President Biden should step down before next January and what it would mean for Republicans in the meantime.
Richard Epstein opines on a big tax case decided by the Supreme Court, tries to make sense of Louisiana’s inevitable First Amendment case, and weighs in on Manhattan DA Alvin Bragg’s “punishment” of Columbia protestors.
Richard Epstein is in his element as he discusses new Supreme Court rulings on access to abortion pills, modifications to semiautomatic weapons, and the ability of workers to organize unions.
Richard Epstein reacts to Donald Trump being found guilty on 34 counts in New York State and lays out the likely appeal strategy by the former president.
Richard Epstein grades the contract demands of the Chicago Teachers Union, the severity of Trump’s alleged election interference, and efficacy of Biden’s new China tariffs.
Richard Epstein responds to the clearing of protests at Columbia University and the clashes between protestors at UCLA. He also gives Donald Trump advice for his upcoming speech to the Libertarian National Convention.
Richard Epstein discusses Israel and Iran trading missiles, Columbia University’s decision to arrest protestors, and how far protests are allowed to go.
Richard Epstein remembers the late psychologist Daniel Kahneman and discusses the long-running debate between Kahneman's research on behavioral economics and the rational-choice models popularized by Gary Becker and Ronald Coase.
Richard Epstein weighs in on First Amendment concerns with the possibly of shutting down TikTok due to its ties to the Chinese Communist Party.
Richard Epstein comments on the possibility of a two-state solution, future Israel operations in the south of Gaza, and the Palestinian notion that Israel is a settler-colonialist nation.
Richard Epstein discusses Colorado’s Supreme Court arguments for removing Trump from the ballot and then analyzes potential 25th Amendment concerns brought about by a special prosecutor’s analysis of President Biden’s mental competency.
Richard Epstein predicts the demise of Chevron deference after two cases were argued in front of the Supreme Court and then he discusses Texas Governor Abbott’s spat with the Biden administration on the border.
Richard Epstein discusses whether Donald Trump has immunity with regard to January 6th and whether states should be allowed to remove him from their ballots due to the 14th Amendment.
Richard Epstein judges whether former President Trump’s January 6th trial should be fast-tracked to make sure it is not delayed until after the election, and weighs in the House GOP’s impeachment inquiry of President Biden.
Richard Epstein reacts to the appalling congressional testimony from presidents of Harvard, MIT, and UPenn regarding antisemitism on their campuses.
Podcast transcript
Richard Epstein explains what constitutes a war crime and how Israel and Hamas differ in their culpability for the tragic loss of life among civilians.
Richard Epstein responds to the argument that Hamas’s actions were justified because Israel is a colonizer, an occupier, and an apartheid state.
Richard Epstein discusses the pro-Hamas attitudes on college campuses and weighs in on Israel’s end goal for Hamas.
Richard Epstein reacts to the terrorist acts committed by Hamas in Israel and the disappointing responses from many university student groups.
Richard Epstein picks apart a new antitrust suit against Amazon brought by the FTC and several states for a lack of demonstrable harm to consumers or prices.
Richard Epstein evaluates the demands of the United Auto Workers and judges the likelihood that their strike will end in success.
Richard Epstein weighs in on recent attempts to revive the tradition of Western civilization in American universities.
Richard Epstein takes us behind the scenes on the Amicus Brief he wrote with John Yoo about a Supreme Court case that has important implications for what kind of income is allowed to be taxed.
Richard Epstein contrasts President Biden’s economic policy with the Trump and Obama administrations, and judges the success of the Inflation Reduction Act one year later.
Richard Epstein discusses a new legal argument that would prevent Donald Trump from ever holding office again and responds to guilty scenarios in Georgia and Washington D.C.
Richard Epstein dissects the Georgia RICO case brought against Donald Trump and 18 other defendants and finds several areas that may give the prosecution trouble as the case moves forward.
Richard Epstein discusses the Justice Department’s case against Hunter Biden and the investigation by House Republicans into improper payments to the Biden family.
Richard Epstein finds few defenses available for Donald Trump as the former president faces serious charges relating to conspiring to obstruct an election and defrauding the people of the United States.
Richard Epstein rates two recent Supreme Court cases on free speech and discusses the ACLU’s drift away from defending speech it disagrees with.
Richard Epstein discusses the Supreme Court cases that struck down affirmative action in university admissions and provides the relevant history on the Equal Protection Clause of the 14th Amendment.
Richard Epstein discusses Hunter Biden’s plea deal, the House GOP’s censure of Adam Schiff, and ProPublica’s allegations about Justice Alito’s fishing trip.
Richard Epstein discusses the facts of the case against Donald Trump, the legal and political defense strategies likely to be used, and why Hillary Clinton’s emails remain relevant.
Richard Epstein discusses Allen v. Milligan, a surprising 5-4 decision on the Voting Rights Act decided by Roberts and Kavanaugh siding with the liberal justices.
Richard Epstein dissects the legal arguments in favor of ignoring the debt ceiling and pushes back on the notion that Congress nullified debt limits during federal budget arrangements in the 1970s.
Richard Epstein considers the consequences of the federal government defaulting on its debts, explains why attempts to use the 14th Amendment to circumvent Congress are misguided, and closes with a remembrance of the late (great) John Raisian.
Richard Epstein explains how a unanimous 9-0 Supreme Court decision to limit the administrative state is correct in its ruling but flawed in its reasoning.
Richard Epstein talks through his objections with the FTC’s proposed rule to ban non-compete agreements in the United States and provides clarity on anti-trust concerns.
Richard Epstein defends Israeli Prime Minister Benjamin Netanyahu’s proposed judicial reforms. Are critics right that they’re anti-democratic in nature? Or are they necessary following new expansive powers claimed by the Israeli Supreme Court?
The indictment of Donald J. Trump was unsealed to an almost universally negative reaction—even those who want to see him behind bars. How likely is the case to be dropped before going to trial? What jurisdiction does the DA claim to have? To what standard should an indictment of a former president be held? And has Donald Trump forfeited his right to argue the justice system has been politicized?
Richard Epstein reacts to the news that Donald Trump has officially been indicted and discusses its effect on other ongoing investigations.
Richard Epstein discusses the reports of an incoming indictment of Donald Trump and casts a skeptical eye on the severity of the case.
Richard Epstein diagnoses the errors that led Silicon Valley Bank to fail and discusses the inevitable rescue by the Treasury Department to prevent widespread contagion.
Richard Epstein reads the tea leaves on the likelihood that President Biden’s student loan forgiveness will be allowed to stand—regardless of the tricky standing issues highlighted by the administration.
Richard Epstein grades President Biden’s State of the Union address and disagrees with both parties’ unwillingness to reform major entitlement policies.
Richard Epstein discusses various states proposals for taxing wealth, the constitutionality of “exit taxes,” and the advantages of a consumption tax.
Richard Epstein discusses a new case at the Supreme Court that involves tricky questions of purposeful harm from unions when going on strike for a better contract.
Richard Epstein discusses the similarities and differences between Biden and Trump’s classified document troubles, then offers a discussion of his favorite attorneys general from the last fifty years.
Richard Epstein untangles the various legal challenges to Title 42 and its pandemic-motivated border control policy, and speculates as to why the Biden administration hasn’t ended it on its own.
Richard Epstein reviews the biggest stories of 2022—from Twitter and free speech, to Dobbs and Affirmative Action, ending with Donald Trump and a future indictment.
Richard Epstein responds to complaints that the Supreme Court is becoming too active in response to executive overreach.
Richard Epstein discusses a recent protest over a speaker at a Federalist Society event and provides guidelines for handling speech one finds offensive or threatening.
Richard Epstein reacts to former President Trump’s 2024 bid, the lackluster showing by Republicans in the midterm elections, and proposals to learn from Florida’s rapid election system.
Richard Epstein discusses the challenges to racial preferences at Harvard and the University of North Carolina that were heard at the Supreme Court earlier this week.
Richard Epstein discusses the challenges to racial preferences at Harvard and the University of North Carolina that were heard at the Supreme Court earlier this week.
Richard Epstein discusses the upcoming midterm elections and the consequences of Elon Musk’s ownership of Twitter in the next presidential election.
After a year of interviews, the Select Committee to Investigate the January 6th Attack on the Capitol unanimously voted to subpoena former president Trump. The question now is whether he will refuse to participate.
Richard Epstein previews several high-profile cases in the new Supreme Court term, covering issues from the independent state legislature theory to the immunities granted to social media companies under Section 230.
Richard Epstein discusses the controversial program of bussing migrants from border states to sanctuary cities. Is it illegal? How should the border be secured?
Richard Epstein discusses the FBI’s latest filing regarding the classified documents found at Mar-a-Lago and outlines the likely charges that will be brought against Trump.
Richard Epstein cuts through the legal arguments surrounding President Biden’s upcoming student loan forgiveness and judges its progressivity.
Richard Epstein navigates the legal challenges and financial woes facing the Obama Presidential Center as its problematic development continues.
Richard Epstein reacts to the FBI raid on Trump’s Mar-a-Lago estate. What would justify a raid on a former president? When will its contents be made public? Is Trump on the road to indictment?
Richard Epstein elucidates the reasons why major businesses are urging the Supreme Court to allow affirmative action to stand in university admissions and clears up the controversial comments by Justice Thomas about revisiting cases involving same-sex marriage and access to contraceptives.
Richard Epstein pushes back against California’s new gun law, the recent allegations that the Supreme Court is illiterate, and the idea that Donald Trump should be indicted for his role in the January 6th attack.
Richard Epstein breaks down the recent Supreme Court decision Biden v. Texas and offers his proposals for stemming the flow of illegal border crossings.
Richard Epstein discusses the upcoming Supreme Court case Moore v. Harper and its possible effects on congressional districts, gerrymandering, and the 2024 presidential election.
Richard Epstein walks through what an indictment of Trump would look like, previews arguments that would be made by defense attorneys, and demonstrates how difficult it would be to convict the former president.
Richard Epstein covers two recent Supreme Court rulings on the right to bear arms and the prohibition of state funds for religious education.
Richard Epstein evaluates an upcoming Supreme Court case about whether Colorado can shut down a small business for not serving everyone on the market.
Richard Epstein discusses the arrest of a gunman in front of Justice Kavanaugh’s house and the media’s surprising level of coverage.
Richard Epstein calls for due process and explains why a ruling to limit the SEC is right, but for the wrong reasons.
Richard Epstein discusses whether anything can be done to reduce or eliminate mass shootings in the United States and the likely response from the Supreme Court if new gun control legislation passes.
Richard Epstein discusses Senator Josh Hawley’s proposal to retroactively reduce the length of Disney’s copyrights.
Richard Epstein covers the biggest leak in modern Supreme Court history and discusses the legal merits of overturning Roe v. Wade.
Richard Epstein parses President Biden’s possible move to forgive student loans and whether the federal government should be in the business of lending at all.
Richard Epstein discusses concerns that billionaires are too powerful in America and weighs in on the spat between Disney and Florida Governor DeSantis.
Richard Epstein hashes through Elon Musk's possible acquisition of Twitter and the worries of possible monopoly abuse it has raised. Plus, what happens next at Amazon after a successful union vote?
Richard Epstein covers our new Supreme Court Justice’s legal background, California’s overreach on pork, Merrick Garland’s January 6th investigation, and Elon Musk’s new position on Twitter’s board.
Richard Epstein discusses mission-drift from the Securities Exchange Commission and the wider push for climate change action at executive agencies.
Richard Epstein responds to op-eds from major newspapers on free speech and cancel culture, and offers context on the current Supreme Court nomination.
Richard Epstein reacts to a recent protest at Yale’s law school and highlights the different responses by the right and the left to speakers they disagree with.
Richard Epstein discusses President Biden’s State of the Union address, which covered Russia’s invasion of Ukraine, rapid inflation at home, and the upcoming federal budget.
Richard Epstein provides an overview of how the United States should respond to Russia’s invasion of Ukraine and describes how he differs from other libertarians on foreign policy.
Richard Epstein discusses an executive order that would require firms to use union labor and the likelihood that it will stand up in court.
Richard Epstein explains sensible solutions that would increase immigration while balancing national security concerns.
Richard Epstein discusses cancel culture within universities and the controversy over filling the next seat in the Supreme Court.
Richard Epstein reflects on Justice Breyer’s time on the Supreme Court and considers who should replace him—including Vice President Kamala Harris.
Richard Epstein opines on expanding the mandate of the Federal Reserve, extending jurisdiction of the SEC to public companies, and promoting climate policy through executive agencies.
Richard Epstein judges new statues meant to expand voting rights and offers a mechanism to determine whether they will increase or decrease voter fraud.
Richard Epstein discusses the history of the Electoral Count Act and the modern-day election reforms that are necessary to prevent another contentious election.
Richard Epstein hands out harsh grades to President Biden for his handling of the economy, Afghanistan, and energy policy—and makes a few predictions for 2022.
Richard Epstein discusses the oral arguments in the Supreme Court case that looks like it will overturn Roe v. Wade—and makes a prediction about the final vote.
Richard Epstein argues that the spending provisions in Biden’s reconciliation bill are less worrisome than the structural changes it will impose on the labor market.
Richard Epstein discusses the Justice Department’s plans to pay families who were separated from their children at the border and President Biden’s approach to those who are claiming political asylum.
Richard Epstein explains the problem with taxing unrealized capital gains and predicts how the wealthy will work to avoid paying higher taxes.
Richard Epstein parses the ability of Donald Trump to use executive privilege as a former president and discusses the consequences of the House select committee holding Steve Bannon in contempt.
Richard Epstein untangles federal vs. state vaccine mandates and the rights of businesses to choose how they operate.
Supreme Court cases affecting gun rights, religious liberty, and abortion will soon be heard by the Court.
Richard Epstein assesses the infrastructure and reconciliation bills being debated and discusses who is to blame for the upcoming debt ceiling fiasco.
Richard Epstein judges the likelihood of success of yet another universal basic income plan and provides grave predictions about the ability of the federal government to rein in spending.
Richard Epstein reacts to the proposed tax increases in President Biden’s spending bill and explains what “tax the rich” really means.
Richard Epstein delves into President Biden’s new vaccine mandate and addresses whether it holds up to constitutional scrutiny.
Richard Epstein reacts to the new Texas abortion bill and weighs in whether states should be allowed to delegate enforcement of controversial laws to civilians.
Richard Epstein explains when the use of force is justified overseas, what President Biden has gotten wrong by withdrawing from Afghanistan, and how our allies and adversaries will react to the fall of Pax Americana.
Richard Epstein dives into the latest IPCC report on climate change and provides a few methods for how to interpret, critique, and verify its results.
Is that legal? Richard answers questions about the constitutionality of student loan forgiveness, the national eviction moratorium, and California’s upcoming recall election.
Richard Epstein recounts President Reagan’s handling of the air traffic controller strike of 1981 and offers lessons for future conflicts with other public sector unions.
Richard Epstein details the upcoming Supreme Court case that could overturn Roe v. Wade and gives his predictions based on the current composition of the Court.
Richard Epstein delves into Trump’s claim that censorship by tech companies violated his First Amendment rights and explains why there’s more to the lawsuit than at first glance.
Richard Epstein weighs in on recent moves by the SEC to change financial disclosure requirements regarding climate change and warns against mission creep in regulatory agencies.
Richard Epstein addresses the privacy concerns of publishing leaked tax records, breaks down the debate over taxing capital gains, and provides a solution for how to tax the wealthy.
Richard Epstein discusses the rise and fall of the ACLU, including its heroic efforts during desegregation and the Civil Rights movement, and its less than heroic metamorphosis into a partisan organization overrun by identity politics.
Richard Epstein explains why corporate tax rates in other countries affect companies here in the United States, weighs in on the President Biden’s proposed tax increases, and gives advice for the lonely few who still want to limit government spending.
Richard Epstein traces the history of the Supreme Court on abortion, from the day before Roe v. Wade to today, when a new case out of Mississippi raises the prospect that the landmark ruling may be overturned. Also, stay tuned to the end of the podcast for a special announcement.
Richard Epstein analyzes the recent outbreak of violence between the Israelis and the Palestinians, the future of American foreign policy in the Middle East, and the viability of Palestinian claims based on the “right of return.”
Richard Epstein examines the economic issues coming to the fore with the end of the COVID pandemic: a sluggish labor market, inflation fears, tax increases, and the future of American infrastructure.
Richard Epstein dissects the recent proposal to remove patent protection for COVID vaccines as a way to make them more affordable for the developing world — and explains why the patent system is one of the most underappreciated sources of American dynamism.
Richard Epstein analyzes a raft of progressive tax proposals: big increases to capital gains and corporate tax rates, plus the continuing quest to repeal the cap on state and local tax deductions. Then a look at the other side of the ledger: what consequences should we expect from the Biden Administration’s torrent of new spending proposals?
Richard Epstein analyzes the Equality Act, a progressive proposal that would expand the definition of sex discrimination and set the stage for a legal battle between trans activists and advocates for religious liberty.
Richard Epstein analyzes why a recent effort to unionize an Amazon facility in Alabama went down to a lopsided defeat, parses congressional Democrats’ new labor legislation, and explains why the zero-sum mindset behind private-sector union efforts are likely to fail.
Richard Epstein analyzes the Biden Administration’s sweeping infrastructure proposal, including its attempts to redefine transfer payments as vital public investments, its push for widespread adoption of electric vehicles, and its suggestion that corporations should be subject to a global minimum tax.
Richard Epstein analyzes a Supreme Court case that could force the issue of whether college athletes should be paid to a head.
Richard Epstein analyzes Cedar Point Nursery v. Hasid, a case recently argued before the Supreme Court on whether labor unions should be allowed onto private land against the owners’ will. Along the way, he provides a masterclass in private property law, a look at the development of special legal protections for organized labor, and a reflection on how his legendary book Takings changed the debate over private property rights.
Richard Epstein analyzes ‘The For the People Act,’ a centerpiece of congressional Democrats’ legislative agenda. Though it purports to be a voting rights bill, he argues, the contents are a staggering mix of bad policy and unconstitutional federal overreach.
The COVID pandemic brought sweeping change to America’s rental housing markets: widespread restrictions or outright prohibitions on evicting tenants. Are such policies effective? Are they constitutional? And from whence does a presidential or gubernatorial administration get such powers? Plus, how should we analyze claims that eviction rates demonstrate systemic racism at work? All that and more on a new episode of The Libertarian.
Richard Epstein describes why immigration policy is fraught with complicated trade-offs that make hard-line positions — whether on the restrictionist side or the open-borders side — inappropriate. Along the way, he ventures into the debates over which criteria America should use to admit new immigrants, the effect of low-wage immigrants on American labor, whether it’s inconsistent to support free trade without supporting open borders, and why America has been so successful at assimilating immigrants from different races and cultures.
Richard Epstein analyzes the debate around Texas’ cold-weather blackouts. How much of the blame does climate change bear? Is the problem an excessive reliance on renewable energies or a failure to harden infrastructure against extreme weather events? And what do the Biden Administration’s policies mean for the future of grid resiliency?
Richard Epstein describes his work on a case pitting Chicago conservationists against Barack Obama on plans for the former commander-in-chief’s presidential center.
Richard Epstein explains the history and sweep of American antitrust law, examines a proposal by Senator Amy Klobuchar to expand it, and argues that a more complex economy may actually justify less exacting antitrust policies.
Richard Epstein weighs in on a cross-section of policy issues in the news: (1) The push for a $15 minimum wage (2) the Biden Administration’s decision to drop an affirmative action lawsuit against Yale (3) Florida Governor Ron DeSantis’s proposal to fine social media companies for deplatforming candidates and (4) teachers union efforts to delay the reopening of public schools.
Richard Epstein parses the wave of energy and environmental policies introduced in the early days of the Biden Administration, from the cancellation of the Keystone Pipeline to rejoining the Paris Climate Agreement to an emphasis on renewable energy and the potential of green jobs.
Richard Epstein analyzes a raft of progressive policies coming out of the new Biden Administration on everything from energy to COVID to immigration to gun control.
Richard Epstein provides in-depth legal analysis of the 25th Amendment, the impeachment count against President Trump, the ability of Congress to bar a president from future office, and the legality of impeaching a president after he’s departed office.
Richard Epstein analyzes the dramatic events of the last week through a legal prism: Did Congress really have the power to object to the electoral vote? Should President Trump be removed from office in light of the assault on the capitol? Does the prospect of President Trump pardoning himself call into question the breadth of the pardon power? Plus, a look back at the consequences of the 2016 Presidential election in which Professor Epstein finds himself in the rare position of finding a question too difficult to answer.
Richard Epstein casts a critical eye on Nasdaq’s proposal to impose diversity requirements on the companies listed on its exchange.
Richard Epstein analyzes the major legal plot lines attending the presidential transition: The Trump campaign’s frantic efforts to keep the president’s prospects alive in court, the possibility of a raft of last-minute presidential pardons, and the decision by Attorney General William Barr to transform U.S. Attorney John Durham — currently investigating the origins of the Russia probe — into a special counsel.
Richard Epstein looks at the policy proposals that will be at the forefront of the Biden Administration, from climate change to immigration to forgiving student loans.
Richard Epstein looks at the Supreme Court’s pre-election decisions on state voting procedures, considers the likelihood that the ultimate outcome of the race will come down to a Supreme Court decision, and responds to the argument that Amy Coney Barrett should recuse herself from any such cases.
Richard Epstein examines the merits of the antitrust case against Google, as well as calls to regulate how social media companies regulate content; looks back to the Microsoft antitrust case to explain what lessons it may hold for the current lawsuit; and makes his predictions for the trajectory of tech regulation under Biden or Trump administrations.
Richard Epstein scrutinizes the Senate’s confirmation process for Amy Coney Barrett, considers how much deference legislators should give to presidents of the opposite party for their judicial picks, and describes which areas of law he thinks a more conservative court should focus on reforming.
Richard Epstein previews some of the most contentious cases on the docket in the new Supreme Court term. Will a change to the individual mandate spell the end of the Affordable Care Act? Can religious organizations be excluded from placing foster children if they refuse to work with same-sex couples? And what role will the Court play in the tumultuous 2020 election?
In their new book, Law and Leviathan: Redeeming the Administrative State, Harvard Law professors Cass Sunstein and Adrian Vermeule mount a defense of the federal government’s maze of policymaking agencies and departments — institutions that many critics say operate outside of the nation’s constitutional architecture and any meaningful democratic controls.
Earlier this year, Professor Epstein released his own book, The Dubious Morality of Modern Administrative Law, making precisely the opposite case. Tune in as Professor Epstein explains the differences between the two sides and explains what an effective, constitutionally-constrained administrative state would look like.
Richard Epstein explains the economic problems inherent to organized labor, describes how public policy has locked them into place, and cautions against the strand of conservative populism that aims to develop an alternative union model for the 21st century.
Richard Epstein examines the case for whether “institutional racism” really exists in America, describes how authorities should react when protests devolve into violence, and reflects on whether Americans can reverse the last few years’ decline in race relations.
Richard Epstein analyzes a trio of policy mistakes in California: the renewable energy mandates that have led to rolling blackouts, the restrictions on contractors that have Uber and Lyft looking for the exits, and a proposed wealth tax that would hit citizens even if they move out of state.
Richard Epstein analyzes the legality of President Trump’s recent executive orders on COVID relief and explains how executive orders fit into the constitutional order.
Richard Epstein considers the complaints lodged against major tech firms at a recent congressional hearing: Everything from anti-competitive practices to allegations that they attempt to censor conservative voices.
Richard Epstein analyses the legal and political propriety of the Trump Administration’s decision to deploy federal forces to Portland, analyzes the factors behind increasing lawlessness in major cities, and puts America’s current struggle with urban unrest in historical context.
Richard Epstein weighs in on a federal judge’s recent order to temporarily shut down the Dakota Access pipeline; explains how government regulations have crippled the country’s ability to build critical energy infrastructure; and makes the case that dreams of an economy fueled by renewable energy are a delusion.
Richard Epstein describes why reparations are unworkable, inadvisable, and represent a misdiagnosis of the problems facing African-Americans.
Richard Epstein examines the Supreme Court’s recent ruling preventing the Trump Administration from ending the DACA program — and criticizes Chief Justice Roberts for what he regards as an indefensible decision.
Richard Epstein looks at three hot topics that the Supreme Court has recently chosen to sidestep — qualified immunity, gun control, and sanctuary cities — and explains the pitfalls of the Court’s attempts to stay away from political hot-button issues.
Richard Epstein parses some of the most prominent recent proposals for criminal justice reform and analyzes the shift in American race relations over the past decade.
Richard Epstein analyzes the charges against the Minneapolis police officer involved in George Floyd’s death, considers whether existing law is excessively protective of law enforcement, and explains the parameters of government power to deal with civil unrest.
With Twitter’s decision to append fact-checks to Donald Trump’s tweets, new questions are emerging about how much social media should regulate politicians — and how much government should regulate social media.
Richard Epstein argues that the long and sordid case of Michael Flynn illustrates the importance of putting limits on the power of federal prosecutors — and explains the reforms that are necessary to create a better Department of Justice.
Richard Epstein analyzes the congressional debate over whether the federal government should insulate business from Coronavirus-related lawsuits.
Richard Epstein examines a recent case about Detroit’s struggling schools in which the Sixth Circuit ruled that students have a ‘right’ to a certain minimal standard of education. Along the way he explains the dangers of courts getting too entangled in the provision of states service, the problem with ‘positive rights’ (and why their application is different at the the state level than the federal), and what more meaningful educational reform would look like.
Richard Epstein reflects on his first run-in with Joe Biden — a stunt the former Vice President intended to derail Clarence Thomas’s Supreme Court nomination — and analyzes the policy platform of the de facto Democratic nominee.health carehealth care
Richard Epstein rebuts Harvard Law professor Adrian Vermeule’s recent plea in the Atlantic for ‘Common Good Constitutionalism,’ an approach that calls for conservatives to abandon classical liberalism.
Richard Epstein considers the legal and economic issues around the government’s management of the Coronavirus.
Richard Epstein examines the sweeping legal authorities and dramatic economic interventions being called on to combat COVID-19 — and considers whether they’re proportionate to the problem.
Richard Epstein analyzes the economic, political, and public health consequences of the coronavirus.single payer
Richard Epstein analyzes a new case that may limit the power of the Consumer Financial Protection Bureau — and the administrative state. He also previews his new book, The Dubious Morality of Modern Administrative Law.
Richard Epstein describes the legal dimensions of coping with Coronavirus: whether cities can resist hosting quarantined patients, the scope of federal power to restrict movement, and concerns about excessive reliance on Chinese supply chains for prescription medications.
Was Donald Trump wrong to sound off on the Roger Stone trial? Is Attorney General William Barr hopelessly compromised? What are the limits of presidential intervention in the Justice Department? Richard Epstein answers these questions and more in the newest installment of The Libertarian.
Richard Epstein explains why a decline in union membership is a positive development for the American economy, why public-sector unions are intrinsically corrosive, and why conservative populists’ enthusiasm for reviving organized labor are misguided.
Richard Epstein analyzes a case out of Montana that may have significant implications for parents’ ability to send their children to private schools.
Richard Epstein examines a new California law that is imperiling the livelihoods of many of the Golden State’s independent contractors and considers how challenges to the legislation may fare in the courts.
Richard Epstein examines the legal controversies around the Trump Administration’s attack on Iranian leadership: Was it an ‘assassination’? How much can Congress constrain the president’s ability to act in such situations? Is this a situation where precedent trumps constitutional text? Plus, a look at debates over the legality of military conscription.
Richard Epstein analyzes the most promising — and disturbing — intellectual trends of the 2010s.
Richard Epstein considers all the ways California policymakers are compounding the damage from the state’s wildfires — from a misplaced emphasis on global warming to new regulations that will damage the market for home insurance.
Richard Epstein considers how the U.S. should deal with China in light of the country’s internal human rights abuses and its increasingly aggressive assertions in Hong Kong.
Richard Epstein reacts to Marco Rubio’s proposal for a ‘Common Good Capitalism’ that would upend the relationship between workers and employers.
Richard Epstein looks at a wave of progressive reforms being embraced by Democratic presidential candidates and big city district attorneys, including decriminalizing quality-of-life crimes, eliminating cash bail, and sending fewer people to prison. He also considers whether America has a “mass incarceration” problem and whether there is evidence of racial bias in the criminal justice system.
Richard Epstein analyzes the question currently before the Supreme Court: is the Trump Administration within its rights to undo President Obama’s protections for children brought into the country illegally? What are the limits of unilateral executive action? And what obligation does the executive branch have to adequately explain policy changes that it makes on its own?
Richard Epstein examines the argument that the Sixth Amendment’s “confrontation clause” will compel the Ukraine whistleblower to reveal his or her identity — and be cross-examined by President Trump’s team.
Green energy policies at the state level are starting to have an impact — in all the wrong ways. From pipeline bans in New York to mandatory blackouts in California, The consequences are dire. And now progressives are looking to take similar policies national.
Richard Epstein previews his new book, “The Dubious Morality of the Modern Administrative State,” chronicling how the post-New Deal expansion of power within the executive branch has threatened the rule of law and the separation of powers.
In a scathing review, Richard Epstein parses the policy proposals at the center of Elizabeth Warren’s presidential campaign.
Richard Epstein responds to the latest developments in the House’s impeachment inquiry, including a detailed breakdown of the White House’s argument that it can refuse cooperation.
Richard Epstein reacts to the latest news in the impeachment saga surrounding President Trump.
Richard Epstein provides a forceful response to the question of whether President Trump’s alleged pressuring of the Ukrainian government provide grounds for impeachment.
Richard Epstein fans know that, when it comes to legal analysis, all roads lead to Rome. For years we’ve been ribbing Richard about his propensity to analyze current legal disputes through the prism of Roman law. Now we’ve finally buckled to the pressure and given him an entire episode on the topic. In this show, Richard explains why Roman Law remains relevant today; why it made especially valuable contributions on the topic of water law; how a failure to understand Roman law has weakened Supreme Court decisions; and what the connection is between the Romans and the Anglo-American legal tradition.
A growing number of Democratic presidential candidates are calling for the abolition of the Electoral College. In this episode, Richard Epstein explains what drove the Founders to construct this complex system for picking presidents; warns of the practical dangers of relying purely on the popular vote; looks at how Maine and Nebraska have constructed variations on the winner-take-all system; and explains why the inability to pass constitutional amendments is a feature rather than a bug in the current political environment.