Libertarian

Federalism and the Resistance

Richard Epstein looks at current controversies about federalism — including over environmental regulation and immigration — and discusses the Founders’ concept of subsidiarity and how it has changed over the years.

Regulating Big Tech?

Richard Epstein looks at proposals to regulate tech companies over antitrust, privacy and free speech issues — and takes a look at the tech world’s embrace of a Universal Basic Income as the salve for automation-driven job losses.

Fighting the Trade War

Richard Epstein explains the shortcomings of President Trump’s trade policy, explores the best and worst-cases scenarios, and lays out the right — and wrong — ways to think about trade deficits.

Trump, Putin, and the US-Russia Relationship

Richard Epstein reacts to President Trump’s meeting with Vladimir Putin in Helsinki and explains how the Mueller investigation colors  the president’s views on Russia.

Judging Brett Kavanaugh

Richard Epstein grades the choice of Brett Kavanaugh for a seat on the Supreme Court, critiques the current confirmation process, and explains why “judicial activism” and “judicial restraint” are frequently mischaracterized. 

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.