Reasonable 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.

Truth and Justice

Truth and Justice

October 19, 2020

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.

An Appointment With History

An Appointment With History

September 22, 2020

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.

What Could Possibly Go Wrong?

What Could Possibly Go Wrong?

September 8, 2020

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.

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