Bathroom Barristers

They’re remodeling the Ricochet School of Law faculty lounge this month, so this edition of Law Talk was recorded next door in the men’s room. That’s fitting as our esteemed professors (that’s John Yoo and Richard Epstein) take a look at North Carolina’s new transgendered bathroom law, some thoughts on Trump, and Texas Gov. Greg Abbott’s Texas Plan with nine constitutional amendments (and the reality of getting even one them passed).

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There are 13 comments.

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  1. La Tapada Member

    Why is John Yoo so happy that the end is at hand?

    • #1
    • May 11, 2016, at 3:34 PM PDT
    • Like
  2. Dustoff Inactive

    La Tapada,

    Because a new release of the McRib is rumored to be eminent.

    • #2
    • May 11, 2016, at 9:02 PM PDT
    • Like
  3. Chris Member

    The earnestness displayed by Richard when using a forthcoming revival of The King & I as his touchstone of openness to modern music almost made me drive off the road I guffawed so hard.

    Yes Troy, two minutes in and you had lost control…

    • #3
    • May 12, 2016, at 8:55 AM PDT
    • Like
  4. Leslie Watkins Inactive
    Leslie Watkins Joined in the first year of Ricochet Ricochet Charter Member

    Who is the guy in the sunglasses? Looks familiar, but I can’t place him.

    • #4
    • May 12, 2016, at 12:49 PM PDT
    • Like
  5. Matt Bartle Member
    Matt Bartle Joined in the first year of Ricochet Ricochet Charter Member

    I am so depressed after listening to this.

    Now and then a Supreme Court decision goes our way, but we can pretty much kiss them all goodbye once Scalia’s replacement gets confirmed.

    Can we just leave it at 8 forever, and hope a liberal dies next? Then at least it’ll be 4-3 for those cases.

    • #5
    • May 12, 2016, at 6:55 PM PDT
    • Like
  6. Allan Rutter Member
    Allan Rutter Joined in the first year of Ricochet Ricochet Charter Member

    After trashing Governor Abbott’s ideas for constitutional reform, you fellas should be careful about renting a car in Texas–the state troopers may have BOLOs with your EJ Hill likenesses. Just sayin.

    • #6
    • May 12, 2016, at 7:09 PM PDT
    • Like
  7. Sursum Ab Ordine Member

    This is tough for me as a Law Talk fan, but the contempt Professor Epstein shows Governor Abbott is regrettable (I write as a Minnesotan by birth, a resident of many states and countries, and an infrequent Texas visitor to my regret). His “leave it to us smart folks” attitude is precisely what has energized Trump’s supporters (of whom I am definitely not one). That particular attitude has led to every member of the Supreme Court being an alumni of an Ivy League school. It is the attitude that discards reason and common sense in favor of received wisdom. I regret that this particular lapse of reason was not challenged by his co-podcasters. I look forward to each Law Talk podcast, but we must keep open minds. In many ways, Governor Abbott has served Texans well. He has governed the second largest state (by population) in the Union responsibly and with dignity. That is no small thing.

    Our Nation is not well. It ails. Bold changes will necessarily take place or our children will live their lives in a world somewhere between Europe 2016 and Idiocracy. The unknowns of a Constitutional convention leave me cold, but the thought of watching our Nation inexorably decline leave me no warmer. The Governor’s prescriptions might be better constructed, but, practically, what does the good Professor Epstein propose in their stead? Trump or Clinton, the world turns and we either will somehow change course or accelerate our decline.

    • #7
    • May 12, 2016, at 7:37 PM PDT
    • Like
  8. Big Ern Inactive

    Sailor1986:

    Our Nation is not well. It ails. Bold changes will necessarily take place or our children will live their lives in a world somewhere between Europe 2016 and Idiocracy. The unknowns of a Constitutional convention leave me cold, but the thought of watching our Nation inexorably decline leave me no warmer. The Governor’s prescriptions might be better constructed, but, practically, what does the good Professor Epstein propose in their stead? Trump or Clinton, the world turns and we either will somehow change course or accelerate our decline.

    I agree.

    I’d like to encourage our panelists to take a step out of their legal shoes for a moment and consider what the Constitution means to the average American who is not educated in the law. It is not merely a set of statutes federal jurists use when interpreting the law, it is the social compact that holds this nation of competing interests together. It is a contract with which we agree we can all reasonably live.

    When the country begins to feel that the social fabric is being rent to shreds by rampaging government zealotry, and the agencies tasked to stop the madness are the ones guilty of abuse, it is natural for those in the public who still believe in the power of the Constitution to call for a convention to wield it to its full effect. As Sailor1986 says, the Republic is not well. Some, including myself, think what it needs is a shot in the Constitutional arm that we all will feel.

    Mr Abbott is trying to do what we do here, start a discussion. He’s on the Constitutionalist team, trying to get the Republic back on the rails. How about our podcast panelists offer some additional grist for the mill instead of pooh-poohing his suggestions from all angles? You guys can do better than that.

    • #8
    • May 13, 2016, at 8:50 AM PDT
    • Like
  9. Stad Thatcher

    I finally got around to listening to the podcast today. The thing that struck me as odd was Richard and John’s I’m Not Gonna Vote For Trump posture, then the long diatribe about all the horrible things that would happen under a Hillary Clinton administration.

    Guys, you made the case for why you should vote for Trump.

    Oh, the irony . . .

    • #9
    • May 13, 2016, at 1:17 PM PDT
    • Like
  10. Doctor Bass Monkey Inactive

    Sailor1986:This is tough for me as a Law Talk fan, but the contempt Professor Epstein shows Governor Abbott is regrettable (I write as a Minnesotan by birth, a resident of many states and countries, and an infrequent Texas visitor to my regret). His “leave it to us smart folks” attitude is precisely what has energized Trump’s supporters (of whom I am definitely not one). That particular attitude has led to every member of the Supreme Court being an alumni of an Ivy League school. It is the attitude that discards reason and common sense in favor of received wisdom. I regret that this particular lapse of reason was not challenged by his co-podcasters. I look forward to each Law Talk podcast, but we must keep open minds. In many ways, Governor Abbott has served Texans well. He has governed the second largest state (by population) in the Union responsibly and with dignity. That is no small thing.

    Our Nation is not well. It ails. Bold changes will necessarily take place or our children will live their lives in a world somewhere between Europe 2016 and Idiocracy. The unknowns of a Constitutional convention leave me cold, but the thought of watching our Nation inexorably decline leave me no warmer. The Governor’s prescriptions might be better constructed, but, practically, what does the good Professor Epstein propose in their stead? Trump or Clinton, the world turns and we either will somehow change course or accelerate our decline.

    Some of Abbott’s proposals were rooted in Jeffersonian ideas which made it all the more surprising that Richard seemed to be completely unfamiliar with them.

    • #10
    • May 13, 2016, at 6:46 PM PDT
    • Like
  11. Macsen Inactive

    Sailor1986:This is tough for me as a Law Talk fan, but the contempt Professor Epstein shows Governor Abbott is regrettable (I write as a Minnesotan by birth, a resident of many states and countries, and an infrequent Texas visitor to my regret). His “leave it to us smart folks” attitude is precisely what has energized Trump’s supporters (of whom I am definitely not one). That particular attitude has led to every member of the Supreme Court being an alumni of an Ivy League school. It is the attitude that discards reason and common sense in favor of received wisdom. I regret that this particular lapse of reason was not challenged by his co-podcasters. I look forward to each Law Talk podcast, but we must keep open minds. In many ways, Governor Abbott has served Texans well. He has governed the second largest state (by population) in the Union responsibly and with dignity. That is no small thing.

    I wholeheartedly agree. Frankly. I was disgusted by the snobbishness of the remarks about Gov. Abbott. The Constitution is not such a complex document that only the haughty Epsteins of the world are fit to tell us what it means, or how we can try to return to its original intent and purpose.

    • #11
    • May 14, 2016, at 12:58 PM PDT
    • Like
  12. Matt Carriere Inactive

    What a strange time it is when a constitutional law podcast’s outro song makes you get a 23 year old Simpsons joke.Hooray

    • #12
    • May 15, 2016, at 2:28 AM PDT
    • Like
  13. MichaelC19fan Inactive

    One issue not touched on when talking about what will happen when the SCOTUS has an unbreakable Leftist majority is will the dream of the Left, including Obama, that the SCOTUS decides the Constitution is a document of positive rights, of course via the 14th Amendment, come true? UC Irvine Law Dean Erwin Chemerinsky wrote an op-ed being explicit about that hope. His camel nose in the tent would be some ruling around education spending, which has been successful at the state level.

    • #13
    • May 15, 2016, at 6:08 AM PDT
    • Like