Reasonable Disagreements
Trying Times in the Senate

Trying Times in the Senate

January 31, 2020

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.

The End of the Year; The Start of an Impeachment Trial

The End of the Year; The Start of an Impeachment Trial

December 16, 2019

In 2019’s last episode of “Reasonable Disagreements,” 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.

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Judicial Legitimacy and Proposals to Restructure the Supreme Court

Judicial Legitimacy and Proposals to Restructure the Supreme Court

November 7, 2019

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. 

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Impeachment, and What Trump Meant

Impeachment, and What Trump Meant

October 3, 2019

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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In Defense of Classical Liberalism (Among Other Things)

In Defense of Classical Liberalism (Among Other Things)

June 19, 2019

Hoover Institution fellows Richard Epstein and Adam White discuss Richard’s recent essay for Defining Ideas, which defends 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.

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Constitutional Conflicts With Congress and the Supreme Court

Constitutional Conflicts With Congress and the Supreme Court

May 23, 2019

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.

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The Barr Hearings and the Further Decline of Congress

The Barr Hearings and the Further Decline of Congress

May 3, 2019

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.

As Baseball Winds Up, Mueller Winds Down

As Baseball Winds Up, Mueller Winds Down

March 28, 2019

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?

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Warren and Holder Want to Break Tech and the Supreme Court

Warren and Holder Want to Break Tech and the Supreme Court

March 13, 2019

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.

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A Great Attorney General Pick, Barr None

A Great Attorney General Pick, Barr None

February 6, 2019

Recorded January 15, 2019

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.