Reasonable Disagreements
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.

Administrative States: From TikTok, to Law & Order, to Covid-19

Administrative States: From TikTok, to Law & Order, to Covid-19

August 24, 2020

In today’s episode, Richard and Adam discuss TikTok’s newly filed lawsuit against President Trump, and the executive order that it challenges. Then they turn to “law & order” themes in the Republican and Democratic Parties’ conventions, before discussing the federal government’s and state governments’ handling of Covid-19.

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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