Libertarian

Will the Supreme Court Ban Affirmative Action?

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.

Guns, Garland, Trump, and Term Limits: A Libertarian Potpourri

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.

Biden at the Border: The Battle Over Illegal Immigration

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

Gerrymandering Election Control: Who Gets Final Say?

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

What Would An Indictment of Trump Look Like?

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.

Guns and God at the Supreme Court

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

Having Your Cake and Free Speech Too

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

Justice Targeted, Media Silent

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

The Ball Isn’t in the SEC’s Courts Anymore

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

Can Gun Control Prevent Mass Shootings?

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.