Tag: Constitutional Law

Recommended by Ricochet Members Created with Sketch. The Unbridgeable Kavanaugh Gap

 

Author and cartoonist Scott Adams colorfully describes one of the lamentable features of our current society as “two movies, one screen.”

The concept is that our reality has, for practical purposes, split into two. Everyone has access to the same information, but we divide into two groups, each coming to believe in a version of reality that is mutually exclusive of the other.

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As has become an annual tradition in the Trump era, the end of another Supreme Court session brings rumors of Justice Anthony Kennedy’s impending retirement. In this episode, Richard Epstein looks at Justice Kennedy’s legacy, considers whether lifetime terms on the Supreme Court are justified, and looks at the future of a post-Kennedy court.

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Richard Epstein explores the Supreme Court’s ruling in the case of a Colorado baker who refused to make a cake for a gay marriage ceremony, critiques the judicial style of Anthony Kennedy, and explains how anti-discrimination laws have expanded beyond a useful scope.

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Richard Epstein explains what the Constitution says about President Trump’s ability to pardon himself, grapples with the constitutional standards for impeachment, and warns about the political excesses being engendered by the Mueller investigation.

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Richard Epstein reacts to the recent Supreme Court decision in Epic Systems Corp v. Lewis, defending the right of employers to use arbitration and avoid class action lawsuits.

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Richard Epstein parses President Trump’s economic criticisms of Amazon — and examines a Supreme Court case that will determine how online retailers pay taxes.

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Richard Epstein discusses the history behind America’s anti-discrimination laws and explains why they’re not well-suited for the modern economy

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Richard Epstein reacts to former Supreme Court Justice John Paul Stevens’ suggestion that the Second Amendment be repealed — and explains why the constitutional arguments about guns may point in a different direction than the policy arguments.

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Richard Epstein looks at how attempts to suppress conservative speakers on college campuses intersects with the First Amendment, and calls on 50 years of experience as a university professor to diagnose how liberal activism has changed over the years.

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Richard Epstein looks at Janus v. AFSCME, a Supreme Court case out of Illinois with the potential to dramatically reduce the power of public sector unions.

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In the aftermath of the Parkland shooting, Richard Epstein provides his legal analysis of where Second Amendment jurisprudence went wrong and explains what policy options might actually help to ease gun violence — and why real solutions are devilishly hard to come by.

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Richard Epstein reviews how the new film The Post portrays the Supreme Court’s free speech jurisprudence in the Pentagon Papers case.

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Richard Epstein analyzes a lawsuit several major cities are bringing against oil companies over climate change, explains the economic and scientific considerations necessary to seriously grapple with the issue, and describes the libertarian approach to environmental harms.

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Richard Epstein examines the deregulatory progress being made by the Trump Administration, explains the new tax law’s implication for blue states, and imagines the consequences of a world in which the US withdraws from NAFTA.

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Richard Epstein examines Carpenter v. United States, a Supreme Court case testing the limits of the government’s ability to engage in digital surveillance, and explains the ideal balance between liberty and security.

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Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. Member Post

 

In response to a strong but unsupported reply I made on a comment on a @richardepstein post Let Them Bake Cake , @tommeyer rightly challenged me: “That said, do you think that [Justice Anthony Kennedy’s] career can be summarized as a ‘secular supremacist project of effectively outlawing biblical Christianity.’” More

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Richard Epstein explains the contents of President Trump’s new executive order on healthcare, explores the controversy around a White House proposal to cut subsidies to insurers, and explains why conservatives who fretted about President Obama’s use of executive orders shouldn’t be bothered by this exercise of executive power.

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Richard Epstein responds to the controversy over an Obama-era policy allowing children brought to the U.S. Illegally to stay in the country and explains why America should embrace a more liberal immigration policy but reject open borders.

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Richard Epstein traces the origins and evolution of his libertarian thinking over a half-century in the spotlight.

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