American legal scholar
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Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about whether smarter rules could make soccer fairer, faster, and even more exciting.
Can the world's most popular sport be improved? Richard Epstein thinks so, and argues that soccer's rules are overdue for reform. From red cards and penalty kicks to VAR, substitutions, stoppage time, and overtime, Epstein applies the principles of law, economics, and institutional design to the beautiful game. The result is a lively conversation about […]
SCHEDULE FOR THE JOHN BATCHELOR SHOW, 7-17-2026Jeff Bliss discusses California's controversial "billionaire tax," an initiative designed to bridge the state budget gap that has prompted a significant wealth exodus to states like Texas. He also addresses Governor Newsom's shifting stance on wealth taxes and the re-emergence of past personal and political scandals. (1)Jeff Bliss celebrates the anniversary of Disneyland's 1955 opening, sharing memories of working as a "Yodeler" on the Skyway ride. The conversation shifts to vintage Las Vegas and impending Southern California weather, including a tropical storm system expected to bring 30-foot waves to the Wedge. (2)Richard Epstein analyzes President Trump's recent address questioning the 2020 election results and its potential impact on the 2026 midterms. Epstein explores the constitutional difficulties of removing a president for lack of judgment, arguing that political consequences remain the most viable remedy for irrational leadership. (3)Richard Epstein discusses his book on birthright citizenship, challenging the Supreme Court's interpretation of the 14th Amendment. He addresses the phenomenon of "birth tourism," the status of foreign-raised US citizens, and the relative silence from liberal scholars regarding his arguments on federal plenary power over naturalization. (4)Jim McTague reports on how Canadian wildfire smoke has stifled Lancaster County's tourist economy and created hazardous air quality. He also highlights rising gas prices and a local backlash against AI, where a borough rejected substantial revenue from a tech center due to automation fears. (5)Lorenzo Fiori describes Italy's extreme heatwave, with temperatures reaching 122 degrees, followed by the threat of violent thunderstorms. For relief, he recommends Radicofani in Tuscany, showcasing its medieval fortress, world-class olive oil, and traditional recipes like gratinated tomatoes paired with local Brunello wine. (6)Bob Zimmerman details SpaceX's launch abort for the Starship Super Heavy and the ongoing struggles of ULA. He highlights the $70 billion surge in private space investment, Amazon's expansion into South Africa, and Blue Origin'srevised employee stock options designed to retain talent in a competitive market. (7)Bob Zimmerman reports on the discovery of organic sugar molecules in interstellar space and the identification of a new exoplanet shepherd at Beta Pictoris. He also discusses Katalyst's mission to rescue the Swift telescope and Perseverance's findings on Mars regarding the planet's history of massive impacts. (8)Alan Mikhail recounts the arrival of Anthony and Grietje in 1629 New Amsterdam, noting their resilience during Kieft's War. Despite being banished to Long Island and facing prejudice as "the Turk," they built a prosperous estate, with Grietje emerging as a particularly assertive and foundational figure. (9)Alan Mikhail examines Peter Stuyvesant's hardline enforcement of the Dutch Reformed Church, including the violent persecution of Quakers and anti-Semitic attempts to banish Jewish settlers. The segment highlights the 1657 Flushing Remonstrance as an early, essential document in the American history of religious toleration. (10)Alan Mikhail describes how, as the English seized New Amsterdam in 1664, Anthony and Grietje transitioned into respectable property owners who aged into the colony's social fabric. Mikhail argues that these individuals, alongside long-resident enslaved figures like Mary Angola, should be recognized as the true founders of New York City. (11)Alan Mikhail relates how, following Grietje's death, Anthony remarried a burgher woman, reflecting his elevated social status despite earlier prejudices. Mikhail frames Anthony's life as a vital starting point for discussing Islam in North America, noting the parallels between historical biases and the challenges modern Muslim leaders face today. (12)Henry Sokolski discusses the security implications of a power outage at a US missile base, warning that electrical grids are now primary targets in "gray warfare." He notes that nations like Russia and Iran increasingly view civilian infrastructure as legitimate military targets to spread mayhem and leverage power. (13)Henry Sokolski analyzes the "Golden Dome" project, suggesting its true value lies in achieving space superiority rather than just missile defense. He emphasizes the need for passive defenses, like redundant transformers and public preparedness, to counter the rising threat of autonomous drone swarms and precision attacks. (14)Lilla Nóra Kiss warns about Nuctech, a Chinese-subsidized company dominating the European scanner market through predatory pricing. She highlights the security risks of allowing CCP-linked technology to handle sensitive border and cargo data, noting the company's origins at Tsinghua University and its opaque state support. (15)Lilla Nóra Kiss details how Tsinghua University serves as a conduit for laundering Chinese state technology and operations. She criticizes European regulators for viewing Chinese incursions through narrow "silos" like climate policy rather than recognizing the comprehensive national security threats posed by massive, integrated surveillance machines. (16)
Richard Epstein analyzes President Trump's recent address questioning the 2020 election results and its potential impact on the 2026 midterms. Epstein explores the constitutional difficulties of removing a president for lack of judgment, arguing that political consequences remain the most viable remedy for irrational leadership. (3)1940
Richard Epstein discusses his book on birthright citizenship, challenging the Supreme Court's interpretation of the 14th Amendment. He addresses the phenomenon of "birth tourism," the status of foreign-raised US citizens, and the relative silence from liberal scholars regarding his arguments on federal plenary power over naturalization. (4)
Headline: The Myth of Birthright Citizenship and the 14th Amendment Guest: Richard Epstein Professor Richard Epstein analyzes birthright citizenship, arguing the 14th Amendment's original intent excluded foreigners. He critiques the concept of "tourist babies" and suggests the president's plenary naturalization powers could be used to restrict entry for pregnant mothers seeking citizenship for their children. (3)
Headline: Presidential Immunity and the Legal Challenges Facing Donald Trump Guest: Richard Epstein Epsteindiscusses the Supreme Court's 2024 immunity ruling, distinguishing between official and unofficial acts. He critiques President Trump's private business ventures, like cryptocoin deals, as non-official acts subject to litigation. Epstein also argues that Todd Blanche is disqualified from being Attorney General. (4)1903
In this episode, Richard Epstein and Martha Jones discuss the Supreme Court's landmark decision in Trump v. Barbara, which struck down President Trump's Executive Order on birthright citizenship. At issue in the case was whether the Constitution guarantees citizenship to children born to parents unlawfully or temporarily present in the United States. The Court concluded that it did. Thomas Donnelly, lead scholar at the National Constitution Center, moderates. Resources Trump v. Barbara (2026) Brief of Amicus Curiae Professor Richard A. Epstein Brief of Historians Martha S. Jones and Kate Masur as Amici Curiae “Supreme Court strikes down Trump's birthright citizenship executive order in landmark decision,” Scott Bomboy for the National Constitution Center's Constitution Daily Blog “In birthright citizenship opinions, a major constitutional disagreement,” Marcia Coyle for the National Constitution Center's Constitution Daily Blog United States v. Wong Kim Ark (1898), National Constitution Center The Citizenship Clause, National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. Donate
Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara, the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark; West Virginia v. BPJ, the transgender-athletes case addressing Title IX, equal protection, women's sports, and federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.
Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara, the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark; West Virginia v. BPJ, the transgender-athletes case addressing Title IX, equal protection, women's sports, and federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.
Richard Epstein critiques the Supreme Court's 6-3 decision allowing the President to fire independent commission heads. Epstein argues this undermines the separation of powers between prosecution and adjudication. He warns that "presidential accountability" is an illusion in such a unitary power structure. 9
This is Part 12 in a series celebrating the 40th Anniversary of Harvard University Press' 1985 publication of Richard A. Epstein's "Takings: Private Property and the Power of Eminent Domain." We continue our celebration of this anniversary with a fair use and transformative reading, taking a close look at ch. 7 continuing in the same section which Richard calls ""Takings Prima Facia," which takes a look at selling Eagle feathers when mere possession is a crime, as well as rights to disposition in leasehold renewals. He titles chapter 7, "Rights of Disposition and Contract" because he's taking a look at what the judiciary often misses in the panoply of takings reached by the Eminent Domain Clause and the American constitutional order, how these things interact and hang together, ensconced as it is in the purpose of the Constitution. That moral purpose is the protection of individual liberty against claims by a simple majority in a democracy, or judicial or executive fiat, or by the government in any other way in a taking of private property. It's also a good reflection on nature of property per se, whether public or private. For governments are owners as well as takers of property. Today we discuss his chapter 7 from pp. 74 to the top of p. 80. At the end, this episode concludes with a Chaplain's corner, with a reading of Psalm 142 in the KJV and January 31st in Streams in the Desert (Cowman Publications, Lost Feliz Station Lost Angeles, Calif. 1925 original non-woke edition). Excellent stuff here. Excellent. Every college student should read this book. It's a superb introduction to the political philosophy of the American regime. Praise the Lord. We'd like to thank Harvard University Press for making this material available and Richard Epstein for writing it. Make sure you buy the book and follow along. It's very important for you to have your own copy on your own bookshelf, and to begin to master this material. Support your local book dealer. See if they have a copy of it, or if they'd mind keeping an eye out for you. I always encourage buying physical books, objects you can have, hold, cherish, learn from, display on your bookshelf as a topic of conversation, things you can pass on to the next generation with your notes in them, things that do not depend upon electricity. Toward that end: Go to Harvard University Press for more selections available for purchase. Please support the publisher and your local booksellers. The Republican Professor is a pro-correctly-contemplating-property-rights podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor
Preview for Later Today: Richard Epstein. Richard Epstein critiques a Supreme Court ruling regarding the President's authority to fire the FTC chairman. He argues against merging prosecutorial and judicial functions, calling such arrangements a "monstrous" threat to due process.1976
Charles C. W. Cooke and Richard Epstein break down the Supreme Court's Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
In part one of our Supreme Court decisions coverage, Charles C. W. Cooke, Richard Epstein, and John Yoo break down the decisions handed down today, beginning with the Court's treatment of presidential removal power in Trump v. Slaughter and Trump v. Cook (no relation) —the first apparently overruling Humphrey's Executor for ordinary agencies, the second preserving a major carveout for the Federal Reserve. They also debate Chatrie v. United States, a Fourth Amendment case involving law enforcement's use of geofencing warrants and cellphone location data, and close with Watson v. Republican National Committee, in which Justice Amy Coney Barrett held that states may count mail-in ballots received after Election Day unless Congress clearly says otherwise. Along the way, the hosts argue over the administrative state, judicial independence, election integrity, and whether the Roberts Court is as predictable—or as partisan—as its critics claim. Part two will be on Thursday, with a decision expected on (cue dramatic music)...birthright citizenship!
In part one of our Supreme Court decisions coverage, Charles C. W. Cooke, Richard Epstein, and John Yoo break down the decisions handed down today, beginning with the Court's treatment of presidential removal power in Trump v. Slaughter and Trump v. Cook (no relation) —the first apparently overruling Humphrey's Executor for ordinary agencies, the second preserving a major carveout for the Federal Reserve. They also debate Chatrie v. United States, a Fourth Amendment case involving law enforcement's use of geofencing warrants and cellphone location data, and close with Watson v. Republican National Committee, in which Justice Amy Coney Barrett held that states may count mail-in ballots received after Election Day unless Congress clearly says otherwise. Along the way, the hosts argue over the administrative state, judicial independence, election integrity, and whether the Roberts Court is as predictable—or as partisan—as its critics claim. Part two will be on Thursday, with a decision expected on (cue dramatic music)...birthright citizenship!
Constitutional Interpretation and Individual Liberties. Guest: Richard Epstein. Legal scholar Richard Epstein examines current constitutional debates and the protection of individual liberties. His analysis typically focuses on the tension between government overreach and property rights, evaluating how recent judicial interpretations of the law impact the fundamental principles of American governance and the balance of power within the state. 31900 LA HOTEL NATICK
Judicial Precedent and the Rule of Law. Guest: Richard Epstein. Continuing his legal analysis, Epstein delves into the importance of judicial precedents in maintaining the rule of law. He critiques modern legislative trends and administrative regulations, arguing for a return to classical legal principles that prioritize individual freedom and limited government intervention in the personal and economic lives of citizens. 41908 LA MAIN STREET
SCHEDULE FOR THE JOHN BATCHELOR SHOW, 6-26-2026.MT. LOWE, LOS ANGELESUrban Crises: Las Vegas, Los Angeles, and the Mayor Contest. Guest: Jeff Bliss. Jeff Bliss reports on the interconnected challenges facing Las Vegas and Los Angeles, specifically focusing on the escalating homelessness crisis. The segment also analyzes the ongoing mayor contest, examining how candidates are addressing urban instability and what these political shifts mean for the future of governance in these major cities. 1California Leadership: Governor Newsom and the First Lady. Guest: Jeff Bliss. This segment focuses on CaliforniaGovernor Gavin Newsom and the role of his wife in his administration. Bliss explores their joint political influence, recent policy decisions, and how their public image shapes the political landscape of California as Newsom continues to navigate both state challenges and potential national aspirations. 2Constitutional Interpretation and Individual Liberties. Guest: Richard Epstein. Legal scholar Richard Epstein examines current constitutional debates and the protection of individual liberties. His analysis typically focuses on the tension between government overreach and property rights, evaluating how recent judicial interpretations of the law impact the fundamental principles of American governance and the balance of power within the state. 3Judicial Precedent and the Rule of Law. Guest: Richard Epstein. Continuing his legal analysis, Epstein delves into the importance of judicial precedents in maintaining the rule of law. He critiques modern legislative trends and administrative regulations, arguing for a return to classical legal principles that prioritize individual freedom and limited government intervention in the personal and economic lives of citizens. 4Washington Political Dynamics and Global Markets. Guest: Jim McTague. Veteran journalist Jim McTague explores the intersection of Washington's political maneuvering and the stability of global financial markets. He provides insights into how legislative actions, trade policies, and regulatory changes in the capital influence investor sentiment and the broader economic health of the nation in a volatile fiscal environment. 5European Industrial Strategy and Strategic Security. Guest: Lorenzo Fiori. Lorenzo Fiori analyzes the geopolitical and industrial landscape of Europe, with a focus on the strategic importance of the Mediterranean. He discusses the defense industry's role in international security partnerships and the economic challenges facing European nations as they manage complex energy needs and trade relationships with global powers. 6Advances in Aerospace and Space Exploration. Guest: Bob Zimmerman. Space historian Bob Zimmerman reports on the latest milestones in aerospace technology and NASA's current missions. He highlights the scientific objectives of recent launches and the growing role of private space corporations in expanding human presence in orbit, providing a comprehensive look at the future of modern space exploration. 7Geopolitical Competition in the New Space Race. Guest: Bob Zimmerman. Zimmerman continues his report by examining the strategic and military implications of the "new space race." He discusses the competition between global powers for dominance in the lunar and orbital domains, evaluating how technological breakthroughs in space travel are influencing international security and the long-term commercialization of the cosmos. 8Executive Authority and National Security Frameworks. Guest: John Yoo. Legal expert John Yoo analyzes the scope of executive power, particularly in relation to national security and foreign policy. He explores the constitutional foundations that grant the presidency authority during international crises and the legal debates surrounding the use of executive orders in managing the nation's defense and security. 9The Administrative State and Constitutional Oversight. Guest: John Yoo. Yoo continues his assessment of federal power, focusing on the role of the administrative state. He provides a critical look at how government agencies operate within the constitutional framework, discussing the necessity of judicial oversight to ensure that executive actions remain consistent with the rule of law and democratic principles. 10Small Business Trends and Economic Adaptation. Guest: Gene Marks. Business expert Gene Marks discusses the current economic trends affecting small businesses, including inflation and labor shortages. He provides practical advice for entrepreneurs on leveraging new technologies like AI and navigating complex tax regulations to maintain growth and competitiveness in an increasingly challenging and rapidly evolving global marketplace. 11Workforce Evolution and the Future of Business. Guest: Gene Marks. Marks expands on the evolution of the modern workforce, focusing on remote work and talent retention strategies. He evaluates the impact of government policies on small firms and discusses how business owners can adapt their operations to meet the changing expectations of employees and consumers in the post-pandemic economy. 12Nuclear Deterrence and Strategic Defense Modernization. Guest: Peter Huessy. Strategic analyst Peter Huessy evaluates the status of the U.S. nuclear triad and the importance of strategic deterrence. He discusses the urgent need for modernization in the face of advancing nuclear capabilities by adversary nations, emphasizing how a strong defense posture is critical for maintaining global stability and peace. 13Defense Budgeting and National Security Policy. Guest: Peter Huessy. Huessy explores the fiscal and policy challenges associated with national defense. He analyzes how legislative budget decisions affect military readiness and the development of next-generation weapons systems, arguing for a strategic and long-term approach to addressing the diverse security threats posed by emerging global and regional adversaries. 14Trade Rivalry and National Security Suspects. Guest: Josh Rogin. Josh Rogin analyzes the escalating trade rivalry between the United States and China. He focuses on the strategic decision to list certain Chinese companies as national security suspects, exploring the geopolitical motivations behind these designations and the impact such measures have on the broader economic competition between global superpowers. 15Global Trade Dynamics and Strategic Alliances. Guest: Josh Rogin. In the final segment, Rogin provides a broader discussion on the future of international trade. He evaluates how diplomatic shifts and security concerns are reshaping global supply chains, the effectiveness of trade-based sanctions, and the importance of American alliances in maintaining a stable and open international marketplace amidst rising tensions. 16
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk's hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to confiscate or redistribute them often destroy wealth, drive capital out of high-tax states, and leave everyone worse off. From California's tax experiments to New York estate taxes to the politics of envy, Epstein makes the case that prosperity—not punishment—is the better path to helping the poor.
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer. Using Elon Musk's hypothetical trillionaire status as a jumping-off point, Epstein explains why great fortunes are usually tied up in productive enterprises, not bank vaults, and why efforts to […]
Critique of Middle East Ceasefire Strategy. Guest: Richard Epstein. Epstein argues that recurring ceasefire declarations are merely strategic devices for rearmament rather than genuine steps toward peace. He criticizes current negotiation styles for alienating allies and failing to pursue the unconditional surrender of adversaries, which he believes is the only stable solution for regional security. 3
Supreme Court Rulings on Gun Rights and Drug Use. Guest: Richard Epstein. In a unanimous decision, the Supreme Court ruled that marijuana use alone does not justify the categorical stripping of a citizen's Second Amendment rights. Epstein critiques the court's narrow reliance on originalism, suggesting a "police power" analysis should instead determine if a person poses an immediate physical threat. 4
0:30 - Teen takeovers in Chicago 16:37 - Iran 44:54 - Remembering Tom Dreesen: Dan’s interview with Tom from 11/7/25 01:18:05 - Professor at George Mason University Scalia Law School and senior fellow at the Heritage Foundation, Eugene Kontorovich, weighs in on the Memorandum of Understanding, saying “It strengthens Iran, there is no other way to put it.” Follow Professor Kontorovich on X @EVKontorovich 01:36:35 - University of Chicago law professor emeritus Richard Epstein discusses his legal battles over the Obama Presidential Center, saying, “If you’re 100% right in a case against the government, you have a 50% chance of winning.” Check out Richard’s newest book The Myth of Birthright Citizenship 01:53:54 - Manhattan Institute researcher Neetu Arnold discusses grade inflation and why schools may need new ways to separate exceptional students from the pack. 02:07:32 - Hussain Abdul-Hussain, research fellow at the Foundation for the Defense of Democracies, on the Iran peace deal and Trading Away Lebanon: Washington’s Bargains at Beirut’s Expense. Hussain is also the author of The Arab Case for IsraelSee omnystudio.com/listener for privacy information.
SCHEDULE THE JOHN BATCHELOR SHOW, 6-12-2026.1903 PRINCETON UNIVERSITYJeff Bliss describes massive, deadly swells hitting California beaches due to a southern hemisphere storm system. The conversation shifts to Las Vegas, where a massive, highly anticipated In-N-Out Burger recently opened on the Strip. Bliss details the chain's reputation for fresh food, cleanliness, and fair employee wages. (1)Jeff Bliss discusses the surprising results of the Los Angeles City Council primary, where Nithya Raman surged despite initially conceding. He highlights allegations of voter fraud in the Skid Row area and the impact of California's ballot harvesting laws. The segment also touches on Xavier Becerra's lead in the governor's race. (2)Richard Epstein analyzes the legal effort to prevent the removal of Donald Trump's name from the Kennedy Centerfacade. He argues that the Trump-aligned board's appeal lacks legal merit and strength, as removing a nameplate does not constitute irreparable harm. Epstein suggests the judge should consider firing the current board due to bias. (3)Richard Epstein critiques the construction of the Obama Center in Chicago, lamenting the destruction of 800 historical trees and the seizure of public land. He describes the project's design as a "monstrosity" with a flawed traffic plan and expresses concern over the foundation's lack of financial transparency and endowment. (4)Jim McTague reports on a "budget-minded hesitancy" among Pennsylvania consumers despite falling gas prices. He notes a rare layoff notice for 70 logistics workers and uneven retail activity. Meanwhile, a data center project near Costcoproceeds under heavy security, while a similar proposal was rejected by a neighboring borough. (5)Lorenzo Fiori discusses the "disaster" of the Italian national football team failing to qualify for the World Cup for the third consecutive time. The segment transitions to Pisa, highlighting the prestigious Scuola Normale Superiore and recent astronomical breakthroughs involving the James Webb Space Telescope. Fiori concludes with local wine and culinary recommendations. (6)Bob Zimmerman discusses the crew selection for NASA's Artemis 3 mission, which has been simplified to focus on Earth-orbit docking tests. He also examines private sector developments, including German startup Isar's funding, Stoke Space's reusable rocket design, and an orbital servicing mission by Catalyst intended to rescue a decaying NASAtelescope. (7)Bob Zimmerman honors the late Alan Hale, co-discoverer of the record-setting Comet Hale-Bopp. He reviews the historical significance of the first image of the moon's far side taken by Luna 3 in 1959. The segment also explores current cosmological debates regarding dark energy and the existence of "little red dots" in the early universe. (8)Peter Huessy discusses the history of "tactical" nuclear weapons and the 1950s Desert Rock exercises where U.S. troops were exposed to nuclear detonations. He details the health risks soldiers faced and parallels these actions with Sovietmaneuvers, highlighting the "ludicrous" idea of trying to operate militarily in a post-detonation environment. (9)Peter Huessy explains that Russia views low-yield, tactical nuclear weapons as usable battlefield tools to achieve victory or coerce opponents. He contrasts this with U.S. doctrine, which keeps such weapons under central command. Huessywarns of the lack of transparency regarding China's dual-use nuclear capabilities and Russia's "reckless" potential to use these weapons. (10)Colonel Jeff McCausland discusses stalled negotiations with Iran, noting the heavy influence of the Revolutionary Guard Corps over the diplomatic process. He analyzes the military difficulty of seizing Kharg Island and the profound impact of Ukrainian drones on the Russian front, suggesting that drone saturation has leveled the battlefield and interdicted Russian resupply lines. (11)Jeff McCausland draws parallels between the performative style of Civil War General Jeb Stuart and current Secretary of Defense Pete Hegseth. He critiques Hegseth's recent speeches in Singapore, Normandy, and Guantanamo, arguing they prioritize individual image over grand strategy and mark significant, potentially transactional shifts in long-standing U.S. foreign policy toward Taiwan and European allies. (12)Veronique de Rugy argues that the U.S. already has the most progressive tax system among OECD countries, with the wealthy paying a disproportionate share of revenue. She critiques Thomas Piketty's proposal for a global wealth tax and mandated "degrowth," characterizing it as an effort to limit national growth under the guise of climate and social justice. (13)Mary Anastasia O'Grady questions the delay in scheduling Venezuelan elections under Delcy Rodriguez. She reports that over 400 political prisoners remain held, and the notorious Helicoide prison remains operational despite contradictory claims. O'Grady notes that the regime lacks the political will to allow a free press or fair electoral body to organize. (14)Conrad Black emphasizes the vital economic ties between the U.S. and Canada, noting Canada provides 25% of U.S.aluminum and 20% of its uranium. He expresses confidence that Prime Minister Mark Carney will build necessary oil pipelines to both coasts to benefit the Canadian economy, despite opposition from environmental groups and Carney's own "green instincts." (15)Francis Rose discusses the U.S. military's efforts to integrate AI by "gamifying" systems to make them intuitive for young, video-game-literate service members. He also highlights CISA's work in rebuilding its workforce to protect private-sector cyber infrastructure and the Army's Joint Innovation Outpost, which aims to accelerate the transition of technology from private inventors to the battlefield. (16)One name correction: (2) Nithia Raman → Nithya Raman (established style for the LA city council member).
Richard Epstein analyzes the legal effort to prevent the removal of Donald Trump's name from the Kennedy Centerfacade. He argues that the Trump-aligned board's appeal lacks legal merit and strength, as removing a nameplate does not constitute irreparable harm. Epstein suggests the judge should consider firing the current board due to bias. (3)1903 PERSIA
Richard Epstein critiques the construction of the Obama Center in Chicago, lamenting the destruction of 800 historical trees and the seizure of public land. He describes the project's design as a "monstrosity" with a flawed traffic plan and expresses concern over the foundation's lack of financial transparency and endowment. (4)1904 BAGHDAD
Richard Epstein disputes the "plain meaning" application to the 14th Amendment, arguing that "subject to the jurisdiction" requires natural allegiance rather than mere physical presence. Critiquing the Wong Kim Ark ruling, he suggests that children of legal permanent aliens should inherit their parents' status rather than automatic citizenship.1880
SCHEDULE JOHN BATCHELOR SHOW, 6-5-2026.1900 ADAMS BOULEVARD LA. Jeff Bliss highlights the stark contrast between Seattle's controlled homelessness and the pervasive crisis in Los Angeles. The discussion transitions to California's jungle primary, where late-arriving ballots in the Los Angelesmayoral race show statistically improbable gains for Karen Bass and Nithya Raman, fueling accusations of election irregularities. Jeff Bliss previews the opening of a massive, multi-story In-N-Out Burger in Las Vegas, predicting it will become a celebrity destination similar to Hollywood's historic clubs or New York's Stork Club. He also reflects on a rare 1955 invitation from Walt Disney, noting its role in establishing Disneyland's enduring cultural legacy. Richard Epstein examines the 14th Amendment's opening clause, distinguishing the robust rights of citizens from the conditional privileges of aliens. He argues that naturalization was historically a federal prerogative, noting that early statutes, influenced by Thomas Jefferson, included explicit racial exclusions for persons of African or Asiandescent. Richard Epstein disputes the "plain meaning" application to the 14th Amendment, arguing that "subject to the jurisdiction" requires natural allegiance rather than mere physical presence. Critiquing the Wong Kim Ark ruling, he suggests that children of legal permanent aliens should inherit their parents' status rather than automatic citizenship. Jim McTague reports on the cautious economic sentiment in Lancaster County, where despite falling gas prices, consumers remain budget-conscious. While tourism remains strong at venues like the Sight and Sound Theatre, local officials recently rejected a proposed data center in Columbia due to technicalities and concerns over its utility. Lorenzo Fiori provides an optimistic update on Italy's economy, noting improved employment rates across various demographics. He highlights a landmark legislative shift toward nuclear energy, with small plants planned by 2034. For travelers, he recommends San Miniato, a strategic, less-crowded Tuscan village famous for its white beans. Bob Zimmerman dismisses NASA's sheltering orders on the ISS as an overreaction to routine Russian repair work on the Zvezda module. He details SpaceX's massive IPO, which aims to raise billions, and observes that private space station firms like Axiom and Vast continue to secure significant capital despite SpaceX's market dominance. Bob Zimmerman surveys global spaceport developments, contrasting Spain's investment in French Guiana with the liquidation of the UK's Sutherland facility due to red tape. He debunks claims that the interstellar comet 3I/Atlas is an alien craft and notes that unpredictable sunspot activity continues to defy scientific models. Andrew Bayliss recounts how Pericles provoked the Peloponnesian War by steering Athens toward confrontation with Sparta. He details the Athenian strategy of retreating behind city walls and relying on naval imports, a move that tragically facilitated a devastating plague, claiming thousands of lives, including Pericleshimself. Andrew Bayliss profiles Lysander, a Spartan general of modest origins who secured crucial Persian funding to challenge Athenian naval supremacy. Lysander achieved victory not through direct combat, but by using deception to capture the Athenian fleet while the crews were uncharacteristically casual and off their ships. Andrew Bayliss explores the aftermath of Sparta's victory, noting that Lysander's immense power and ambition ultimately led to his death during a failed siege. Sparta's dominance eventually collapsed at the Battle of Leuctradue to a dwindling citizen population, reducing the once-mighty superpower to a minor village. Andrew Bayliss critiques the modern application of the "Thucydides Trap" to US-China relations, arguing that the original Peloponnesian War was not inevitable. He suggests the conflict was precipitated by specific provocations and accidental circumstances, drawing parallels to the circumstantial outbreak of the First World War. Henry Sokolski warns of China's fast breeder reactor program, which produces super weapons-grade plutonium capable of fueling efficient nuclear triggers. He also notes South Korea's growing interest in developing independent nuclear capabilities and submarines to counter threats from North Korea and China, despite international non-proliferation standards. Henry Sokolski explains the strategic significance of deploying Dual Capable Aircraft (DCA), such as the F-35, to reinforce NATO's nuclear deterrent in Europe. He observes that while Moscow and Beijing oppose these deployments, the aircraft act as vital "glue" for alliances, ensuring that American nuclear guarantees remain credible. Richard Epstein analyzes the Wong Kim Ark decision, arguing that Justice Horace Gray erroneously applied birthright citizenship to the children of ineligible aliens. He further critiques the expansion of the Equal Protection Clause in the 20th century, claiming it was originally intended for criminal matters rather than civil benefits. Richard Epstein discusses the legal complexities of a proposed executive order to end birthright citizenship for children of illegal aliens. He highlights the rise of "manufactured citizenship" through birth tourism and predicts the Supreme Court may eventually distinguish between transient visitors and those seeking permanent residency.
Richard Epstein analyzes the Wong Kim Ark decision, arguing that Justice Horace Gray erroneously applied birthright citizenship to the children of ineligible aliens. He further critiques the expansion of the Equal Protection Clause in the 20th century, claiming it was originally intended for criminal matters rather than civil benefits.1890 SCOTUS
Richard Epstein discusses the legal complexities of a proposed executive order to end birthright citizenship for children of illegal aliens. He highlights the rise of "manufactured citizenship" through birth tourism and predicts the Supreme Court may eventually distinguish between transient visitors and those seeking permanent residency.1905 SCOTUS
Richard Epstein examines the 14th Amendment's opening clause, distinguishing the robust rights of citizens from the conditional privileges of aliens. He argues that naturalization was historically a federal prerogative, noting that early statutes, influenced by Thomas Jefferson, included explicit racial exclusions for persons of African or Asian descent.18751
Professor Richard Epstein analyzes the legal nuances of the 14th Amendment and the myth of birthright citizenship. He explains the "plain meaning" rule of the Constitution, distinguishing between being "subject to the jurisdiction"—which implies loyalty to a sovereign—and merely being "within the jurisdiction" as a temporary resident. His insights challenge standard interpretations of citizenship law.1937 SCOTUS
Today's podcast is titled “Classical Liberals: Our Founding Fathers’ Philosophy.” Program host Dennis McCuistion continues his 2024 conversation with Richard Epstein, Tisch Professor of Law at NYU and Senior Fellow at the Hoover Institution, as they discuss the philosophy of classical liberalism that shaped America’s founding and how the Constitution’s structural safeguards were designed to limit government power and protect individual liberty. Listen now, and don't forget to subscribe to get updates for the Free To Choose Media Podcast.
This week, Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America's fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump's handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.
Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America's fear of escalation, reliance on limited objectives, and preference […]
(4) Professor Richard Epstein describes the Trump administration's $1.776 billion "slush fund" as a fraudulent private agreement, noting that despite its likely illegality, legal standing requirements make it difficult for anyone to successfully challenge.1890
SCHEDULE THE JBS, 5-29-26.457 THE AMBROSIAN ILIAD.(1) Jeff Bliss discusses the Los Angeles mayoral race between incumbent Karen Bass, who faces criticism over homelessness and crime, and unconventional candidate Spencer Pratt, who utilizes social media and "guerrilla campaigning" to gain traction.(2) Jeff Bliss highlights Las Vegas's pursuit of an NBA team to complete its status as a global sports capital, while the Fertitta family acquires Caesar's Palace, consolidating power among the city's casino billionaires.(3) Professor Richard Epstein analyzes the legal history of birthright citizenship and Donald Trump's executive order, arguing that the 14th Amendment has been misinterpreted and that the child's status should depend on the parent's.(4) Professor Richard Epstein describes the Trump administration's $1.776 billion "slush fund" as a fraudulent private agreement, noting that despite its likely illegality, legal standing requirements make it difficult for anyone to successfully challenge.(5) Jim McTague reports on Lancaster County's economy, noting record-breaking gasoline sales at Costco despite rainy weather, the rise of retirement-driven healthcare, and local "Luddite" opposition to a proposed data center in Columbia.(6) Veronique de Rugy discusses a proposed California tax on billionaires, warning it will drive high earners away and reduce state revenue, while a competing initiative seeks to protect regular citizens' savings from taxation.(7) Bob Zimmerman examines a massive Blue Origin rocket explosion that has grounded the New Glenn program and delayed NASA's Artemis missions, leaving SpaceX as the only viable private partner for immediate lunar goals.(8) Bob Zimmerman discusses mysterious subsurface changes in the sun and conflicting data regarding water ice at the lunar South Pole, while highlighting Mars' "brain terrain" as evidence of significant near-surface ice deposits.(9) Francis Rose details the Department of Veterans Affairs' ambitious rollout of a new electronic health record system in Michigan, aiming for a seamless "enlistment to grave" digital history for every member of the military.(10) Francis Rose explores the security risks of electronic health records, explaining how nation-states like China seek bulk data for espionage and how the government utilizes "zero trust" technology to deter sophisticated machine-speed hacks.(11) Gene Marks reports from Nashville that mid-market companies are aggressively adopting AI to supplement labor shortages rather than replace workers, while also navigating the complexities of receiving refunds for previously paid tariffs.(12) Gene Marks questions surveys claiming 93% small business growth and dismisses claims that AI will eliminate white-collar jobs soon, asserting that human workers will naturally adapt to new technology as they have historically.(13) Henry Sokolski argues that no inherent "right to enrichment" exists under the NPT, warning that Iran's nuclear ambitions and regional power plants create dangerous targets and risk a "hot spot" of nuclear-armed nations.(14) Henry Sokolski discusses Russia's "gray warfare" tactics against NATO, including drone provocations and sabotage of European infrastructure, warning that the United States is not taking these threats seriously enough compared to Europe.(15) Conrad Black discusses Alberta's threat to secede from Canada if the federal government blocks oil pipelines, detailing the political maneuvering between Premier Danielle Smith, indigenous groups, and Prime Minister candidate Mark Carney.(16) Lorenzo Fiori reports on a record-breaking Italian heat wave and the poor market reception of Ferrari's new electric vehicle, while noting that affordable Chinese EVs are rapidly becoming the top-selling cars in Italy.
(3) Professor Richard Epstein analyzes the legal history of birthright citizenship and Donald Trump's executive order, arguing that the 14th Amendment has been misinterpreted and that the child's status should depend on the parent's.1923 SCOTUS
Richard Epstein analyzes the Trump administration's controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.
Richard Epstein analyzes the Trump administration's controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically […]
The Supreme Court drops a bombshell voting-rights ruling, Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the mysterious “Republican Form of Government Clause,” whether Trump can legally settle a lawsuit with… himself, and why both parties suddenly love slush funds when they're the ones holding the hose. It's a cheerful little conversation about whether America's political system is fundamentally broken — and whose fault it is.
The Supreme Court drops a bombshell voting-rights ruling, Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the […]
On this episode of The Federalist Radio Hour, American legal scholar Richard Epstein joins Federalist Elections Correspondent Matt Kittle to dissect the Citizenship Clause of the 14th Amendment and explain the constitutional case for judging citizenship on more than just birthplace. You can buy Epstein's book The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says here.The Federalist Foundation is a nonprofit, and we depend entirely on our listeners and readers — not corporations. If you value fearless, independent journalism, please consider a tax-deductible gift today at TheFederalist.com/donate. Your support keeps us going.
On this episode of The Federalist Radio Hour, American legal scholar Richard Epstein joins Federalist Elections Correspondent Matt Kittle to dissect the Citizenship Clause of the 14th Amendment and explain the constitutional case for judging citizenship on more than just birthplace. You can buy Epstein's book The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says here. […]
SCHEDULE THE JOHN BATCHELOR SHOW, 5-22-2026.1900 ADAMS BOULEVARD.Jeff Bliss describes the rapid spread of Southern California wildfires in Riverside County. He also discusses a major fire on Santa Rosa Island caused by a stranded boater's flare. (1/16)Jeff Bliss reports on the "Disney Forward" expansion, which may include a third theme park. He notes that Harbor Boulevard faces intense traffic congestion despite Disney's advanced engineering efforts. (2/16)Richard Epstein analyzes the Trump administration's efforts to bypass state-run elections by banning voting machines. He characterizes these moves as unilateral abuses that threaten the constitutional separation of powers. (3/16)Richard Epstein critiques the Democratic Party's 2024 autopsy, arguing that Kamala Harris failed because she focused on identity politics. He claims the party lost contact with male and rural voters. (4/16)Jim McTague describes robust Memorial Day shopping in Lancaster County despite high gas prices. He warns that the economy sits in bubbles created by AI data centers and government spending. (5/16)Lorenzo Fiori discusses Italy's renewed interest in nuclear power and electric vehicle production in Naples. He also recommends the Molise region for its unique food and red Biferno wine. (6/16)Bob Zimmerman details SpaceX's IPO filings, which show Starlink earns $12 billion annually. These profits fund Starship development, while new ventures like high-powered satellite buses expand the company's commercial reach. (7/16)Bob Zimmerman explains that the Psyche probe successfully completed a Mars flyby. Meanwhile, reanalyzed data suggests Europa may lack water plumes, contradicting previous theories about the moon's potential for life. (8/16)Peter Mauch examines Hideki Tojo's 1941 strategy, where he balanced Army and Navy demands. The Navy's push for oil in Southeast Asia ultimately led to the circular logic of war. (9/16)Peter Mauch notes that Tojo acted as a tyrant by assuming multiple cabinet positions. After losing four carriers at Midway, Tojo utilized propaganda and censorship to hide the truth from the public. (10/16)Peter Mauch reveals Emperor Hirohito's daily involvement in military details. Tojo suppressed any talk of an exit strategy, though he eventually complied with the sacred decision to surrender after the atomic attacks. (11/16)Peter Mauch covers Tojo's failed suicide and his transition to a scapegoat for the Tokyo trials. He accepted responsibility for war crimes while shielding the Emperor from any legal prosecution. (12/16)Henry Sokolski argues that the NPT review highlights the failure to prevent Iran's nuclear enrichment. He warns that this creates a domino effect of proliferation across Saudi Arabia and Europe. (13/16)Mariam Wahba describes the jihadist threat in Mali led by Iyad Ag Ghaly. The group's siege on the capital endangers Nigeria, necessitating U.S. intelligence support for allies without using American troops. (14/16)Conrad Black proposes a Commonwealth economic fund to rival China and the U.S. He critiques Britain's failed governance and suggests the Reform Party offers a necessary shift away from welfare-centric politics. (15/16)Douglas Messier discusses a new partnership to develop asteroid mining technology. Key innovations like optical mining and solar thermal engines could eventually allow for large-scale robotic construction in space. (16/16)
Richard Epstein critiques the Democratic Party's 2024 autopsy, arguing that Kamala Harris failed because she focused on identity politics. He claims the party lost contact with male and rural voters. (4/16)1904 LA
Richard Epstein analyzes the Trump administration's efforts to bypass state-run elections by banning voting machines. He characterizes these moves as unilateral abuses that threaten the constitutional separation of powers. (3/16)1900 PASADENA GREEN HOTEL
PREVIEW for Later Today: Richard Epstein. Richard Epstein derides a controversial DOJ settlement worth $1.776 billion, arguing the agreement is corruptly organized and cannot legally bind future administrations' investigative powers.1945 DOJ
As the nation awaits a potentially landmark Supreme Court decision on birthright citizenship, the latest episode of Parsing Immigration Policy features renowned legal scholar Richard Epstein for an in-depth discussion of the constitutional, historical, and legal arguments surrounding the issue. Epstein, emeritus professor at the New York University School of Law and the University of […]