Libertarian

The Presidential Election and the Courts

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.

Antitrust Comes for Big Tech

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.

The Rise of ACB

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.

Supreme Court Preview

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?