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Charles C. W. Cooke
Richard Epstein
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The Libertarian
The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law. The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.
Episode length: 18m
Why are diesel prices soaring, and why doesn’t American energy independence shield consumers from global shocks? Richard Epstein discusses how war, restrictions on pipelines, and strained international relationships affect energy supplies. He also looks at the limits of energy self-sufficiency, the risks of disrupting global trade, and why expanding supply is essential to easing pressure on farmers, businesses, and households.
Episode length: 20m
Richard Epstein examines Trump’s proposal to send Americans $5,000 checks, questioning who would pay, whether the giveaway makes economic sense, and what congressional approval it would require. He discusses the difference between political promises and bribery, the constitutional limits on presidential spending, and the electoral risks of sweeping cash giveaways and whether a constitutional amendment should impose an upper age limit on presidents.
August 2026
Episode length: 20m
Richard Epstein takes a look at Trump’s war with Iran and a strategy Epstein sees as dangerously muddled. From the Strait of Hormuz and soaring geopolitical stakes to Trump’s faith in dealmaking, Epstein argues that half-measures have turned a potentially decisive conflict into a grinding war of attrition—with consequences that could reshape America’s alliances and the global balance of power.
Episode length: 22m
Richard Epstein unpacks the antitrust battle over the proposed Paramount Skydance–Warner Bros. Discovery merger—and what it reveals about the changing economics of Hollywood. From AI and labor unrest to regulatory overreach and interstate competition, Epstein argues that the industry’s real threat isn’t consolidation but rapid technological and economic disruption, making the case that blocking the deal could do more harm than good.
Episode length: 21m
Richard Epstein and Charles C. W. Cooke discuss Christopher Nolan’s The Odyssey—its departures from Homer, its moral themes, and its spectacular scale. They also explore aesthetics, virtue, Greek and Roman law, and the relationship between ordinary moral intuition and formal legal reasoning.
July 2026
Episode length: 34m
Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about whether smarter rules could make soccer fairer, faster, and even more exciting.
June 2026
Episode length: 22m
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
Episode length: 28m
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk’s hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to confiscate or redistribute them often destroy wealth, drive capital out of high-tax states, and leave everyone worse off. From California’s tax experiments to New York estate taxes to the politics of envy, Epstein makes the case that prosperity—not punishment—is the better path to helping the poor.
Episode length: 22m
Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America’s fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump’s handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.
May 2026
Episode length: 29m
Richard Epstein analyzes the Trump administration’s controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.
April 2026
Episode length: 22m
Episode length: 21m
March 2026
Episode length: 23m
Episode length: 27m
Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.
Episode length: 27m
Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.
February 2026
Episode length: 25m
Richard Epstein unpacks what the equal time rule actually is, where it came from, and why it still applies to broadcast television decades after the demise of the Fairness Doctrine. He also explores the original justification for FCC regulation based on spectrum scarcity, the uneasy relationship between free speech and campaign finance law, and whether the logic behind these rules makes any sense in a world of YouTube, podcasts, and limitless media platforms
January 2026
Episode length: 25m
Episode length: 23m
December 2025
Episode length: 27m
Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explains how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.
Episode length: 35m
Episode length: 23m
Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.
November 2025
Episode length: 20m
Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.
October 2025
Episode length: 24m
Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.
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