Reasonable Disagreements
Hearing the Worst of It

Hearing the Worst of It

March 28, 2022
Days after the Senate Judiciary Committee finished its confirmation hearing for Judge Ketanji Brown Jackson, Richard and Adam debate whether these hearings are a tradition that has outlived its usefulness.
 
The Supreme Court’s Historic Year Keeps Getting More Interesting

The Supreme Court’s Historic Year Keeps Getting More Interesting

January 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.

Standing Disagreements

Standing Disagreements

December 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.

From Mandates to Prohibitions, and Everything in Between

From Mandates to Prohibitions, and Everything in Between

November 9, 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.

The Podcast Is Back in Session and so is the Supreme Court

The Podcast Is Back in Session and so is the Supreme Court

October 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.

You Say Goodbye, I Say Hello

You Say Goodbye, I Say Hello

January 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.

After the Riot

After the Riot

January 8, 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.

A Nominal Administration

A Nominal Administration

December 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.

Court in Disaster

Court in Disaster

December 1, 2020

In today's episode, Richard and Adam discuss the Supreme Court's Thanksgiving-eve order blocking Governor Andrew Cuomo's COVID-19 rules against religious gatherings — what it says about the justices, and the rule of law, during the pandemic. Then they consider the prospects for post-election litigation making its way to the Supreme Court, and President Trump's pardon of Michael Flynn.

Poll Positions

Poll Positions

November 16, 2020

In their first episode since the presidential election, Richard and Adam discuss the result—and the prospects for post-election litigation. Then they turn to Congress: the House, where Republicans gained ground; and the Senate, where things remain on a knife’s edge. Adam and Richard look to the weeks ahead, and to what the longer-term future might hold for the Republican and Democratic Parties.

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