In their last pre-election episode, Richard and Adam discuss Judge Barrett’s Senate confirmation hearings; the Supreme Court’s next Obamacare case; and social media companies’ power over information itself.

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 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.

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.

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.

Hoover Institution fellow Richard Epstein and Adam White discuss the Justice Department’s motion to dismiss charges against Michael Flynn, and the state(s) of Covid-19 precautions. They end with brief observations on Rep. Justin Amash’s brief presidential campaign and Justice Clarence Thomas’s new PBS documentary.

Richard Epstein and Adam White continue to debate the nature of the coronavirus outbreak, and the costs and benefits of the government’s response. Then they discuss a controversial new essay by law professor Adrian Vermeule, who calls on conservatives to reject Scalia-style originalism for a very different kind of constitutional law.

Dialing in from their socially distant hideaways, Richard Epstein and Adam White disagree about basically every aspect of COVID-19 — about how much of a threat it poses to public health; about the policy responses to it; and about the costs of those policy responses.

After a weekend of escalating news and analysis of the coronavirus outbreak, Richard Epstein offers a classic liberal’s view of government powers in emergencies. Then he and Adam White discuss the Supreme Court’s recent oral arguments in Seila Law v. CFPB, on the CFPB’s unconstitutional structure.

 

Recorded during the Senate impeachment trial, Hoover Institution fellow Richard Epstein and Adam White discuss the House managers’ case, the White House’s response, and the seemingly short path forward to acquittal.

Richard Epstein and Adam White discuss the seemingly inevitable House vote in favor of impeachment. They debate the House’s investigation (and the investigations that preceded it), and they look ahead to a Senate impeachment trial. How will the Senate deal with factual issues? What role will Chief Justice Roberts play in the middle of it all.

Reacting to Senator Whitehouse’s brief questioning of the Supreme Court’s legitimacy, Hoover Institution’s Richard Epstein and George Mason University’s Adam White discuss “judicial legitimacy” and proposals to restructure the Court. Richard also tells the story behind his 1984 debate with then-Judge Antonin Scalia.

 

In their first episode back from a break, the Hoover Institution’s Richard Epstein and George Mason University’s Adam White manage to disagree about practically every aspect of the new controversy over President Trump, Ukraine, the Bidens, and impeachment.

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Hoover Institution fellows Richard Epstein and Adam White discuss Richard’s recent essay for Defining Ideas, defending classical liberalism against the recent critiques of conservative political philosopher Patrick Deneen and others. From there they move on to other critics of classical liberalism—namely, modern-day advocates for socialism. And finally they touch on Harvard Medical School’s removal of portraits of white men, and the debate over statutes honoring confederate soldiers.

In Georgia and Alabama, state legislatures have enacted laws on abortion, perhaps teeing up new legal challenges to the Supreme Court’s Roe v. Wade precedent. Meanwhile, in Washington, the House Democrats’ subpoenas to President Trump’s former White House Counsel and to his longtime accountants are sparking debates and litigation over the scope of Congress’s investigative powers and the options for presidential immunity against such investigations. Hoover fellows Richard Epstein and Adam White discuss these political and legal conflicts.

Hoover fellows Richard Epstein and Adam White discuss the decline of Congress as a constitutional institution, as exemplified by the Senate Judiciary Committee’s hearing with Attorney General Barr—and the House Judiciary Committee’s hearing without him.

On the first day of baseball season, Hoover Institution fellows Richard Epstein and Adam White call balls and strikes on the apparent end of the Mueller investigation as detailed in Attorney General Barr’s four-page letter to Congress. They still disagree about Mueller, but they agree that the investigation reached a good conclusion. Will we ever see a full Mueller Report — and should we?

 

Senator Elizabeth Warren wants to break up tech companies; former Attorney General Eric Holder wants a future Democratic President and Congress to pack the Court, which would break it. What do Hoover Institution fellows Richard Epstein and Adam White think of these proposals? They disagree with both of them … but they also disagree with one another about how to think about what Google does today. But before they start to debate those issues, they begin by applauding the Senate’s move toward confirming Neomi Rao’s nomination to the U.S. Court of Appeals for the D.C. Circuit.

Hoover Institution fellows Richard Epstein and Adam White discuss President Trump’s nomination of William Barr to be Attorney General, a position that Barr previously held under President George H.W. Bush. They also discuss the possibility of President Trump invoking “emergency powers” to build a border wall without new congressional authorization.

Recorded January 15, 2019

Hoover Institution fellows Richard Epstein and Adam White discuss Senator Elizabeth Warren’s call for an unprecedented “wealth tax,” and the constitutional problems that it raises. They also discuss the Supreme Court’s upcoming case on judicial “deference” to agencies’ legal interpretations (Kisor v. Wilkie).