Law

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Troy Senik
Troy Senik
13
 

I’d recommend this week’s installment of The Libertarian podcast if only because it’s rare to hear Professor Epstein hold forth with this level of passion. Our topic: the recent Department of Justice reports on Ferguson, Missouri — one exonerating Darren Wilson in Michael Brown’s death, the other alleging a systemic pattern of racial bias in the Ferguson […]

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Richard Epstein
Richard Epstein
1614
 

Though it has scarcely garnered the attention it deserves, the U.S. Department of Justice has released a report exonerating Darren Wilson in the shooting death of Michael Brown last year in Ferguson, Missouri. As I note in my new column for Defining Ideas, the Justice Department should, in the interest of civic harmony, be doing everything it […]

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John Yoo
John Yoo
76
 

Ricochet members love to debate the meaning of the Constitution. Many of us are what might loosely be called originalist — we should interpret the Constitution based on the words of the text as they were understood by those who ratified the document. I’ve posted a piece that tries to explain why originalism might be […]

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Richard Epstein
Richard Epstein
68
 

Peter Robinson’s post yesterday cites Robert George’s passionate attack on claims for the constitutionality of gay marriage, wherein George argues that this weighty issue should be decided analytically at the wholesale level. He looks at what he, and many others, think to be bad decisions by an activist Supreme Court and urges that Republicans, both in and […]

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John Yoo
John Yoo
17317
 

Peter posed a question earlier today: If the Supreme Court legalizes gay marriage, how should we respond? I defer to Richard Epstein’s views on the comparison between Dred Scott, Lochner, and gay marriage. I think that Robert P. George rightly warns of the dangers of the use of the due process clause by judges to […]

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John Yoo
John Yoo
3817
 

In regard to Tommy De Seno’s comments on my previous post about Tom Cotton’s letter, we should all recognize that there is a difference between the policy of any agreement with Iran and the constitutional law that governs the agreement. We can have different views about the best way to contain Iran’s nuclear ambitions without […]

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Troy Senik
Troy Senik
14
 

We’ve been having a lively discussion here on the site about the propriety of the open letter to Iran sent by Tom Cotton and 46 other Republican senators. In the newest installment of The Libertarian podcast from the Hoover Institution, I ask Professor Epstein to weigh in: was the Cotton letter a breach of protocol…or law? Is […]

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Peter Robinson
Peter Robinson
9223
 

Constitutional scholar Robert P. George, writing in First Things: Dred Scott v. Sandford was the infamous case in which the Supreme Court of the United States, usurping the constitutional authority of the people acting through their elected representatives in Congress, purported to deny the power of the United States to prohibit slavery in the federal territories. It […]

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John Yoo
John Yoo
8427
 

Time for a primer on international agreements, thanks to the controversy over Senator Tom Cotton’s letter to Iran. Joined by almost all of the Senate’s Republicans, Cotton’s missive warned Tehran that any nuclear deal with President Obama would not last unless it went to Congress for approval: …We will consider any agreement regarding your nuclear-weapons program that […]

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Richard Epstein
Richard Epstein
68
 

In my new piece for Defining Ideas from the Hoover Institution, I’m taking readers through the Supreme Court’s oral arguments last week in the case of King v. Burwell, which will decide the fate of Obamacare subsidies in states that are serviced by a federal health insurance exchange. (I also covered this topic at length in a Libertarian podcast […]

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