Reasonable Disagreements
Constitutional Conflicts in DC and Beyond

Constitutional Conflicts in DC and Beyond

July 22, 2020

With the Supreme Court having completed its year's work, Richard and Adam disagree about DHS v. Regents of California, in which the Court sent the Trump Administration back to the drawing board on its attempted rollback of the Obama Administration's "DACA" policy on immigration nonenforcement. Then they discuss the Court's rulings on congressional and prosecutorial subpoenas for President Trump's papers, before finishing with a discussion of the chaos in Portland.

Prosecutions and Precautions

Prosecutions and Precautions

May 20, 2020

Hoover Institution fellow Richard Epstein and Adam White discuss the Justice Department’s motion to dismiss charges against Michael Flynn, and the state(s) of Covid-19 precautions. They end with brief observations on Rep. Justin Amash’s brief presidential campaign and Justice Clarence Thomas’s new PBS documentary.

Coronavirus and an Essay that Went Viral

Coronavirus and an Essay that Went Viral

April 2, 2020

Richard Epstein and Adam White continue to debate the nature of the coronavirus outbreak, and the costs and benefits of the government’s response. Then they discuss a controversial new essay by law professor Adrian Vermeule, who calls on conservatives to reject Scalia-style originalism for a very different kind of constitutional law.

Socially Distant: Richard and Adam disagree about COVID-19

Socially Distant: Richard and Adam disagree about COVID-19

March 23, 2020

Dialing in from their socially distant hideaways, Richard Epstein and Adam White disagree about basically every aspect of COVID-19 — about how much of a threat it poses to public health; about the policy responses to it; and about the costs of those policy responses.

Coronavirus, the Constitution, and the CFPB

Coronavirus, the Constitution, and the CFPB

March 10, 2020

After a weekend of escalating news and analysis of the coronavirus outbreak, Richard Epstein offers a classic liberal’s view of government powers in emergencies. Then he and Adam White discuss the Supreme Court’s recent oral arguments in Seila Law v. CFPB, on the CFPB’s unconstitutional structure. 

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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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