Libertarian

Richard Epstein dissects the legal arguments in favor of ignoring the debt ceiling and pushes back on the notion that Congress nullified debt limits during federal budget arrangements in the 1970s.

Richard Epstein considers the consequences of the federal government defaulting on its debts, explains why attempts to use the 14th Amendment to circumvent Congress are misguided, and closes with a remembrance of the late (great) John Raisian.

Richard Epstein explains how a unanimous 9-0 Supreme Court decision to limit the administrative state is correct in its ruling but flawed in its reasoning.

Richard Epstein talks through his objections with the FTC’s proposed rule to ban non-compete agreements in the United States and provides clarity on anti-trust concerns.

Richard Epstein defends Israeli Prime Minister Benjamin Netanyahu’s proposed judicial reforms. Are critics right that they’re anti-democratic in nature? Or are they necessary following new expansive powers claimed by the Israeli Supreme Court?

The indictment of Donald J. Trump was unsealed to an almost universally negative reaction—even those who want to see him behind bars. How likely is the case to be dropped before going to trial? What jurisdiction does the DA claim to have? To what standard should an indictment of a former president be held? And has Donald Trump forfeited his right to argue the justice system has been politicized?

Richard Epstein reacts to the news that Donald Trump has officially been indicted and discusses its effect on other ongoing investigations.

Richard Epstein discusses the reports of an incoming indictment of Donald Trump and casts a skeptical eye on the severity of the case.

Richard Epstein diagnoses the errors that led Silicon Valley Bank to fail and discusses the inevitable rescue by the Treasury Department to prevent widespread contagion.

Richard Epstein reads the tea leaves on the likelihood that President Biden’s student loan forgiveness will be allowed to stand—regardless of the tricky standing issues highlighted by the administration.

Richard Epstein grades President Biden’s State of the Union address and disagrees with both parties’ unwillingness to reform major entitlement policies.

Richard Epstein discusses various states proposals for taxing wealth, the constitutionality of “exit taxes,” and the advantages of a consumption tax.

Richard Epstein discusses a new case at the Supreme Court that involves tricky questions of purposeful harm from unions when going on strike for a better contract.

Richard Epstein discusses the similarities and differences between Biden and Trump’s classified document troubles, then offers a discussion of his favorite attorneys general from the last fifty years.

Richard Epstein untangles the various legal challenges to Title 42 and its pandemic-motivated border control policy, and speculates as to why the Biden administration hasn’t ended it on its own.

Richard Epstein reviews the biggest stories of 2022—from Twitter and free speech, to Dobbs and Affirmative Action, ending with Donald Trump and a future indictment.

Richard Epstein responds to complaints that the Supreme Court is becoming too active in response to executive overreach.

Richard Epstein discusses a recent protest over a speaker at a Federalist Society event and provides guidelines for handling speech one finds offensive or threatening.

Richard Epstein reacts to former President Trump’s 2024 bid, the lackluster showing by Republicans in the midterm elections, and proposals to learn from Florida’s rapid election system.

Richard Epstein discusses the challenges to racial preferences at Harvard and the University of North Carolina that were heard at the Supreme Court earlier this week.