The Asparagus Problem

Professors Richard Epstein and John Yoo are reopening the faculty lounge, and this month things are getting lively. First up: is a member of the Law Talk team headed for the White House?

Then, do talks with North Korea have a chance of working? Will the Trump Administration stop California’s plans to thwart immigration enforcement? Should Jeff Sessions be pursuing legal action against opioid manufacturers? Is there a libertarian case for the war on drugs? (Richard makes one … kind of) Does the repeal of the individual mandate leave Obamacare vulnerable to being overturned in court? And is it time to start paying college athletes?

All that, plus inappropriate dog humor, Richard fires John, and Yoo has a run in with an anti-Senik heckler in Berkeley (to be fair, he probably confused Troy with Milo … happens a lot).

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  1. LibertyDefender Member

    With respect to the PPACA (ObamaCare) law, it has bothered me since Chief Justice Roberts’ dreadful opinion upholding the law that by declaring the individual mandate penalty to be a tax, he singlehandedly imposed an unconstitutional law on We the People. The PPACA originated in the Senate, not the House, yet the Constitution requires that

    All Bills for raising Revenue shall originate in the House of Representatives.

    U.S. Constitution, Article 1, Section 7, Clause 1. Thus, I never understood why 20 state Attorneys General didn’t immediately file suit in 2012 challenging the law as blatantly unconstitutional. Second, I agree completely with John Yoo that the entire law was unconstitutional, but it also seems to me that removal of the individual mandate doesn’t cure the fact that the law was passed precisely because it was interpreted as a tax law. Thus, I suppose I agree with the 20 state Attorneys General on their current lawsuit, although I don’t think they’re arguing the point specifically that the law was enabled unconstitutionally by the absurd, unconstitutional analysis of Chief Justice Roberts.

    Finally, Roger Miller’s classic King of the Road just might be the best outro music of any podcast ever published by Ricochet. Listening to this entire podcast should be a prerequisite for graduation from any high school.

    • #1
    • March 18, 2018, at 10:45 AM PDT
    • 1 like
  2. Taras Coolidge

    Illuminating and funny!

    • #2
    • March 18, 2018, at 11:20 AM PDT
    • Like
  3. Mendel Member
    Mendel Joined in the first year of Ricochet Ricochet Charter Member

    Best product endorsement ever.

    • #3
    • March 18, 2018, at 2:04 PM PDT
    • Like