Episodes
Thursday Sep 08, 2022
To Forgive and Forget?
Thursday Sep 08, 2022
Thursday Sep 08, 2022
The Biden Administration is poised to forgive a lot of loans but forget a few legal constraints. Richard Epstein and Adam White parse the legal issues, including the issue of whether federal courts would (or should) have jurisdiction to hear a case at all. Then they move to the Justice Department’s investigation of Trump’s Mar-a-Lago document stash, for which the Administration is not in a forgiving or forgetful mood. What does Judge Cannon’s special master order mean, and what will it accomplish?
Thursday Aug 18, 2022
Reasonable Searches and Seizures?
Thursday Aug 18, 2022
Thursday Aug 18, 2022
Monday Mar 28, 2022
Hearing the Worst of It
Monday Mar 28, 2022
Monday Mar 28, 2022
Wednesday Jan 26, 2022
The Supreme Court’s Historic Year Keeps Getting More Interesting
Wednesday Jan 26, 2022
Wednesday Jan 26, 2022
In today’s episode, Richard Epstein and Adam White discuss the Supreme Court’s recent decisions in the OSHA and HHS vaccine mandate cases. Then they pan back to a broader discussion of the Roberts Court and the administrative state, before finishing with a quick preview of the Court’s newly-granted cases on race-based college admissions.
Thursday Dec 16, 2021
Standing Disagreements
Thursday Dec 16, 2021
Thursday Dec 16, 2021
In today’s episode, a discussion of the Supreme Court’s recent decision regarding the Texas abortion statute becomes a debate about “standing” and other jurisdictional doctrines. Richard and Adam also discuss the late Professor Alexander Bickel—he’s one of Adam’s favorites, but Richard has some, well, disagreements.
Tuesday Nov 09, 2021
From Mandates to Prohibitions, and Everything in Between
Tuesday Nov 09, 2021
Tuesday Nov 09, 2021
Richard Epstein and Adam White discuss the lawsuit challenging OSHA’s vaccine mandate, and the Fifth Circuit’s initial order against the administration. Then they turn to the Supreme Court, which just heard oral arguments on New York’s near-prohibition against keeping and bearing concealed handguns outside the home.
Monday Oct 11, 2021
The Podcast Is Back in Session and so is the Supreme Court
Monday Oct 11, 2021
Monday Oct 11, 2021
Richard and Adam discuss the two biggest cases of the Court’s new term (so far), on abortion and guns, and close with some thoughts on the bigger picture.
Thursday Jan 21, 2021
You Say Goodbye, I Say Hello
Thursday Jan 21, 2021
Thursday Jan 21, 2021
Richard and Adam close the book on the Trump years — except for the whole post-presidential impeachment thing. And Richard elaborates his case for regulating Twitter as a “common carrier.” Looking ahead to what the new Biden Administration might bring about, they both already disagree with some of the Administration’s day-one policies. Does the end of Trump’s era, and the beginning of Biden’s, mark the end of Richard’s and Adam’s own “reasonable disagreements” with each other? Surely not! But the disagreements will be fewer and farther between.
Friday Jan 08, 2021
After the Riot
Friday Jan 08, 2021
Friday Jan 08, 2021
A day after rioters stormed the Capitol to disrupt Congress’s certification of Joe Biden’s election, Richard and Adam reflect on yesterday’s tragic effects, and the path forward. They also discuss the Democratic Party’s victories in Georgia, winning control of the Senate; and President-elect Biden’s nomination of Merrick Garland to be Attorney General.
Friday Dec 11, 2020
A Nominal Administration
Friday Dec 11, 2020
Friday Dec 11, 2020
President-elect Biden has begun to announce his intended nominations for Cabinet seats and other high-level posts. In today's episode, Richard and Adam analyze several of those picks, with an eye to what this means for foreign policy, climate regulation, and other specifics, and a broader view of what to expect from the administrative state overall. And they end with brief thoughts on post-election litigation, from the failed Pennsylvania lawsuit to the Texas Attorney General's new one. We'll be back after the holidays.