Reasonable Disagreements

The Biden Administration is poised to forgive a lot of loans but forget a few legal constraints. Richard Epstein and Adam White parse the legal issues, including the issue of whether federal courts would (or should) have jurisdiction to hear a case at all. Then they move to the Justice Department's investigation of Trump's Mar-a-Lago document stash, for which the Administration is not in a forgiving or forgetful mood. What does Judge Cannon's special master order mean, and what will it accomplish?

Tanned and well rested, Richard Epstein and Adam White discuss the latest controversies surrounding the former president and the current justice department. And they consider Congress's own investigation. It's been a long hot summer.  

Days after the Senate Judiciary Committee finished its confirmation hearing for Judge Ketanji Brown Jackson, Richard and Adam debate whether these hearings are a tradition that has outlived its usefulness.  

In today's episode, Richard Epstein and Adam White discuss the Supreme Court's recent decisions in the OSHA and HHS vaccine mandate cases. Then they pan back to a broader discussion of the Roberts Court and the administrative state, before finishing with a quick preview of the Court's newly-granted cases on race-based college admissions.

In today's episode, a discussion of the Supreme Court's recent decision regarding the Texas abortion statute becomes a debate about “standing” and other jurisdictional doctrines. Richard and Adam also discuss the late Professor Alexander Bickel—he's one of Adam's favorites, but Richard has some, well, disagreements.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.  You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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.

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. You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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.  You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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. You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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. You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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. You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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.

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? Did you like the show? You can rate, review, subscribe, and download the podcast on the following platforms: Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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. Did you like the show? You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | RadioPublic | Overcast | Google Podcasts | Spotify | RSS

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. 

Hoover Institution fellows Richard Epstein and Adam White discuss Senator Elizabeth Warren’s call for an unprecedented “wealth tax,” and the constitutional problems that it raises. They also discuss the Supreme Court’s upcoming case on judicial “deference” to agencies’ legal interpretations (Kisor v. Wilkie).

Hoover fellows Richard Epstein and Adam White discuss the latest news surrounding the Mueller Investigation, and then turn to timeless questions of America’s Constitution and its greatest chief justice, John Marshall. Did you like the show? You can rate, review, subscribe, and download the podcast on the following platforms:Podbean | Apple Podcasts | Stitcher | RadioPublic | Overcast |Google Play | Google Podcasts | Spotify | RSS

Hoover Institution fellows Richard Epstein and Adam White debate Attorney General Sessions’s resignation, and the appointment of Matthew Whittaker as his temporary replacement. Did you like the show? Please rate, review, and subscribe! (Playing time: 38:34)

In the aftermath of the Senate’s confirmation of Kavanaugh, Hoover Institution fellows Richard Epstein and Adam White discuss the need (or not) to change the Senate’s process, and recent criticism of the Court’s “legitimacy.” Did you like the show? Please rate, review, and subscribe! (Playing time: 33:27)

Hoover Institution fellows Richard Epstein and Adam White look back at the Senate Judiciary Committee’s confirmation hearings on Brett Kavanaugh’s Supreme Court nomination, and then look ahead to the effect that Kavanaugh may have on constitutional law and the administrative state. Did you like the show? Please rate, review, and subscribe! (Playing time: 45:13)

The day after a federal jury convicts the Trump Campaign’s former chairman, Paul Manafort on tax and fraud charges, and President Trump’s former personal lawyer, Michael Cohen, plead guilty to campaign finance violations. The Hoover Institution’s Richard Epstein and Adam White analyze these developments and argue about fundamental issues surrounding Special Counsel Mueller’s investigation of President Trump. Did you like the show? Please rate, review, and subscribe! (Playing time: 47:40)

With Justice Kennedy’s retirement, and Judge Kavanaugh’s nomination to succeed him, Richard Epstein and Adam White reflect on Kennedy’s legacy and discuss what Kavanaugh may bring to the Court. Did you like the show? Please rate, review, and subscribe! (Playing time: 30:25)

President Trump claims that he has the power to pardon himself. Is he right? On the other hand, was the Mueller appointment unconstitutional itself? On this podcast, Richard Epstein and Adam White discuss the latest constitutional debates surrounding Robert Mueller’s investigation of President Trump. Did you like the show? Please rate, review, and subscribe! (Playing time: 40:38)

On Sunday, Treasury Secretary Mnuchin announced that “we’re putting the trade war [with China] on hold.” Meanwhile the NAFTA renegotiations seem to be stalling. Professors Epstein and White debate trade policy in theory and practice. Featuring cameo appearances by Ricardo, Keynes, Lincoln, Hamilton, Clay, Mnuchin, and Trump. Did you like the show? Please rate, review, and subscribe! (Playing time: 37:15)

Nearly 50 years old, the National Environmental Policy Act has become a major roadblock for modern infrastructure projects. Hoover Institution fellows Richard Epstein and Adam White discuss whether it’s time to mend it—or end it. Did you like the show? Please rate, review, and subscribe! (Playing time: 31:42)

In the immediate aftermath of an FBI raid on the office of President Trump’s private counsel, Hoover Institution fellows Richard Epstein and Adam White debate whether Special Counsel Robert Mueller’s investigation is a problem in terms of constitutional structure and accountability. Along the way, they discuss the criminal process, and the need for “republican virtue” in our constitutional system. Did you like the show? Please rate, review, and subscribe! (Playing time: 32:26)

Recorded on March 18, 2018 Introducing Reasonable Debates, a new Hoover Institution podcast where two lawyers and Hoover fellows analyze the top legal issues of the day from an academic perspective. Richard Epstein’s and Adam White’s inaugural episode begins with a discussion of Epstein’s Defining Ideas column “The Troubled Legacy Of Dodd-Frank” concerning proposals to reform the Dodd-Frank financial law, and delves into a broader conversation on Dodd-Frank’s inherent problems. Did you like the show? Please rate, review, and subscribe! (Playing tim: 26:44)