Reasonable Disagreements
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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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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