Libertarian

A New Era at the Supreme Court

Richard Epstein reacts to the news that Anthony Kennedy is retiring from the Supreme Court, speculates on his possible replacements, and explains the potential implications for constitutional law.

The Kennedy Conundrum

As has become an annual tradition in the Trump era, the end of another Supreme Court session brings rumors of Justice Anthony Kennedy’s impending retirement. In this episode, Richard Epstein looks at Justice Kennedy’s legacy, considers whether lifetime terms on the Supreme Court are justified, and looks at the future of a post-Kennedy court.

North Korea and Trump’s Foreign Policy

Richard Epstein considers the pros and cons of America’s newfound diplomatic engagement with North Korea, and discusses related issues of trade, human rights, and presidential power. 

Religious Liberty and the Masterpiece verdict

Richard Epstein explores the Supreme Court's ruling in the case of a Colorado baker who refused to make a cake for a gay marriage ceremony, critiques the judicial style of Anthony Kennedy, and explains how anti-discrimination laws have expanded beyond a useful scope.

The (Self) Pardon Power?

Richard Epstein explains what the Constitution says about President Trump's ability to pardon himself, grapples with the constitutional standards for impeachment, and warns about the political excesses being engendered by the Mueller investigation.

Arbitration, Collective Bargaining, and the Supreme Court

Richard Epstein reacts to the recent Supreme Court decision in Epic Systems Corp v. Lewis, defending the right of employers to use arbitration and avoid class action lawsuits.