The Libertarian: Recent Episodes

The Ricochet Audio Network

A podcast series featuring the inimitable Richard Epstein offering his unique perspective on national developments in public policy and the law. Tune in each week to hear Epstein’s take on breaking news stories.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Richard Epstein discusses the Justice Department’s case against Hunter Biden and the investigation by House Republicans into improper payments to the Biden family.

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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.

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Richard Epstein rates two recent Supreme Court cases on free speech and discusses the ACLU’s drift away from defending speech it disagrees with.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Richard Epstein discusses the upcoming midterm elections and the consequences of Elon Musk’s ownership of Twitter in the next presidential election.

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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.

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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.

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Richard Epstein discusses the controversial program of bussing migrants from border states to sanctuary cities. Is it illegal? How should the border be secured?

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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.

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Richard Epstein cuts through the legal arguments surrounding President Biden’s upcoming student loan forgiveness and judges its progressivity.

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Richard Epstein navigates the legal challenges and financial woes facing the Obama Presidential Center as its problematic development continues.

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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?

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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.

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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.

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Richard Epstein breaks down the recent Supreme Court decision Biden v. Texas and offers his proposals for stemming the flow of illegal border crossings.

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Richard Epstein discusses the upcoming Supreme Court case Moore v. Harper and its possible effects on congressional districts, gerrymandering, and the 2024 presidential election.

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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.

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Richard Epstein covers two recent Supreme Court rulings on the right to bear arms and the prohibition of state funds for religious education.

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Richard Epstein evaluates an upcoming Supreme Court case about whether Colorado can shut down a small business for not serving everyone on the market.

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Richard Epstein discusses the arrest of a gunman in front of Justice Kavanaugh’s house and the media’s surprising level of coverage.

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Richard Epstein calls for due process and explains why a ruling to limit the SEC is right, but for the wrong reasons.

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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.

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Richard Epstein discusses Senator Josh Hawley’s proposal to retroactively reduce the length of Disney’s copyrights.

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Richard Epstein covers the biggest leak in modern Supreme Court history and discusses the legal merits of overturning Roe v. Wade.

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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.

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Richard Epstein discusses concerns that billionaires are too powerful in America and weighs in on the spat between Disney and Florida Governor DeSantis.

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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?

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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.

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Richard Epstein discusses mission-drift from the Securities Exchange Commission and the wider push for climate change action at executive agencies.

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Richard Epstein responds to op-eds from major newspapers on free speech and cancel culture, and offers context on the current Supreme Court nomination.

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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.

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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.

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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.

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Richard Epstein discusses an executive order that would require firms to use union labor and the likelihood that it will stand up in court.

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Richard Epstein explains sensible solutions that would increase immigration while balancing national security concerns.

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Richard Epstein discusses cancel culture within universities and the controversy over filling the next seat in the Supreme Court.

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Richard Epstein reflects on Justice Breyer’s time on the Supreme Court and considers who should replace him—including Vice President Kamala Harris.

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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.

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Richard Epstein judges new statues meant to expand voting rights and offers a mechanism to determine whether they will increase or decrease voter fraud.

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Richard Epstein discusses the history of the Electoral Count Act and the modern-day election reforms that are necessary to prevent another contentious election.

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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.

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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.

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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.

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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.

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Richard Epstein explains the problem with taxing unrealized capital gains and predicts how the wealthy will work to avoid paying higher taxes.

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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.

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Richard Epstein untangles federal vs. state vaccine mandates and the rights of businesses to choose how they operate.

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Supreme Court cases affecting gun rights, religious liberty, and abortion will soon be heard by the Court.

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Richard Epstein assesses the infrastructure and reconciliation bills being debated and discusses who is to blame for the upcoming debt ceiling fiasco.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/its-not-our-default-massive-spending-and-the-national-debt/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/does-a-universal-basic-income-make-sense/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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Richard Epstein reacts to the proposed tax increases in President Biden’s spending bill and explains what “tax the rich” really means.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/bidens-plan-to-tax-the-rich/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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Richard Epstein delves into President Biden’s new vaccine mandate and addresses whether it holds up to constitutional scrutiny.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/bidens-vaccine-mandate/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/did-texas-just-find-a-new-way-to-ban-abortion/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/afghanistan-and-the-death-of-pax-americana/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/interpreting-the-ipccs-new-report-on-climate-change/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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Is that legal? Richard answers questions about the constitutionality of student loan forgiveness, the national eviction moratorium, and California’s upcoming recall election.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/loan-forgiveness-eviction-moratoriums-and-recall-unconstitutionality-oh-my/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/how-ronald-reagan-dealt-with-unions/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/the-case-that-could-overturn-roe-v-wade/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/was-big-techs-censorship-of-trump-unconstitutional/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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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.

Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/the-libertarian/climate-change-and-the-sec/.

Subscribe to The Libertarian in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.