An emergency meeting has been called in the faculty lounge as professors Richard Epstein and John Yoo react to the death of Supreme Court Justice Ruth Bader Ginsburg, sharing their personal remembrances of the late justice and reflecting on her judicial legacy. Then, an analysis of what’s to come: Should the Senate steam ahead with confirmation (there’s a divide in the faculty lounge)? Which of the prospective nominees should President Trump choose? What are the odds that the GOP will once again find itself undermined by a justice who ‘evolves’ on the court? And how credible are Democratic threats of court-packing? All that and more in our comprehensive coverage of the biggest legal story of the year.

Days after the sad news of Justice Ruth Bader Ginsburg’s death, Richard Epstein offers some reflections upon the late justice. Then he and Adam White discuss the prospects for a Senate confirmation of President Trump’s upcoming nominee, either before or after the election. Finally, they discuss Attorney General Barr’s Constitutional Day speech on the Justice Department’s structure and traditions.

In their new book, Law and Leviathan: Redeeming the Administrative State, Harvard Law professors Cass Sunstein and Adrian Vermeule mount a defense of the federal government’s maze of policymaking agencies and departments — institutions that many critics say operate outside of the nation’s constitutional architecture and any meaningful democratic controls.

Earlier this year, Professor Epstein released his own book, The Dubious Morality of Modern Administrative Law, making precisely the opposite case. Tune in as Professor Epstein explains the differences between the two sides and explains what an effective, constitutionally-constrained administrative state would look like.

Richard Epstein explains the economic problems inherent to organized labor, describes how public policy has locked them into place, and cautions against the strand of conservative populism that aims to develop an alternative union model for the 21st century.

In today’s (admittedly bleak) episode, Richard and Adam consider proposals to give the Federal Reserve even broader powers; and problems in the run-up to the presidential election; and problems that might happen after votes are cast; and President Trump’s call to defund “anarchic” cities. Adam looks for the sunny side, but he doesn’t find it.

Richard Epstein examines the case for whether “institutional racism” really exists in America, describes how authorities should react when protests devolve into violence, and reflects on whether Americans can reverse the last few years’ decline in race relations.

In an August faculty lounge tradition, Professors Epstein & Yoo are taking listener questions — and it’s an eclectic bunch. Tune in as the professors debate everything from the limits of stare decisis to whether Barack Obama could be Vice President; from whether there should be more politicians on the Supreme Court to the legal problems with Dred Scott (yes, it involves Roman law); from the lack of intellectual diversity on college campuses to the radicalism in Seattle’s city government

In today’s episode, Richard and Adam discuss TikTok’s newly filed lawsuit against President Trump, and the executive order that it challenges. Then they turn to “law & order” themes in the Republican and Democratic Parties’ conventions, before discussing the federal government’s and state governments’ handling of Covid-19.

Richard Epstein analyzes a trio of policy mistakes in California: the renewable energy mandates that have led to rolling blackouts, the restrictions on contractors that have Uber and Lyft looking for the exits, and a proposed wealth tax that would hit citizens even if they move out of state.

Richard Epstein analyzes the legality of President Trump’s recent executive orders on COVID relief and explains how executive orders fit into the constitutional order.

Richard Epstein considers the complaints lodged against major tech firms at a recent congressional hearing: Everything from anti-competitive practices to allegations that they attempt to censor conservative voices.

Richard Epstein analyses the legal and political propriety of the Trump Administration’s decision to deploy federal forces to Portland, analyzes the factors behind increasing lawlessness in major cities, and puts America’s current struggle with urban unrest in historical context.

With the Supreme Court having completed its year’s work, Richard and Adam disagree about DHS v. Regents of California, in which the Court sent the Trump Administration back to the drawing board on its attempted rollback of the Obama Administration’s “DACA” policy on immigration nonenforcement. Then they discuss the Court’s rulings on congressional and prosecutorial subpoenas for President Trump’s papers, before finishing with a discussion of the chaos in Portland.

Richard Epstein weighs in on a federal judge’s recent order to temporarily shut down the Dakota Access pipeline; explains how government regulations have crippled the country’s ability to build critical energy infrastructure; and makes the case that dreams of an economy fueled by renewable energy are a delusion.

There’s a full docket in the faculty lounge as Professors Richard Epstein and John Yoo tackle the Roger Stone case and review the Supreme Court term that was: How did John Roberts justify taking both sides of the abortion regulations case within just a few years? Why does the Court get so many religious liberty cases these days — and is Antonin Scalia to blame? Has the pursuit of President Trump’s tax records seen SCOTUS open up a pandora’s box? And did the Court just give a huge chunk of Oklahoma back to Native Americans? All that plus the profs head to the suburbs, and we answer the question “Is it time to start worrying about Justice Gorsuch?” Also, remember to submit your questions for the upcoming Law Talk Q&A in the comments or to troy@ricochet.com

On July 6, the Federalist Society invited Adam White to interview Richard Epstein about his new book: “The Dubious Morality of Administrative Law,” for a public teleforum. Adam and Richard had a wide-ranging conversation about the book’s origin and major themes, and then Richard took questions from the audience. Richard previously keynoted two Gray Center conferences.

Richard Epstein describes why reparations are unworkable, inadvisable, and represent a misdiagnosis of the problems facing African-Americans.

Richard Epstein examines the Supreme Court’s recent ruling preventing the Trump Administration from ending the DACA program — and criticizes Chief Justice Roberts for what he regards as an indefensible decision.

Summer school is starting early in the faculty lounge. On this episode, Professors Epstein and Yoo have a full agenda: Are Minnesota prosecutors setting themselves up for a fall in the Derek Chauvin case? Should the Supreme Court have taken a case that could have allowed it to pare back qualified immunity? What should we make of Justice Gorsuch’s surprising turn in the LGBT discrimination case? Or Chief Justice Roberts siding with the court’s liberals in subjecting California churches to strict COVID protocols? Does President Trump have the power to stop John Bolton’s book from being released? And, finally, can we find eternal truths about intellectual property law in the battle between a couple of authors of wolf-themed erotica? At least one professor thinks so!

Richard Epstein parses some of the most prominent recent proposals for criminal justice reform and analyzes the shift in American race relations over the past decade.