Libertarian

Richard Epstein explains what constitutes a war crime and how Israel and Hamas differ in their culpability for the tragic loss of life among …

Richard Epstein responds to the argument that Hamas’s actions were justified because Israel is a colonizer, an occupier, and an apartheid state.

Richard Epstein discusses the pro-Hamas attitudes on college campuses and weighs in on Israel’s end goal for Hamas.

Richard Epstein reacts to the terrorist acts committed by Hamas in Israel and the disappointing responses from many university student groups.

Richard Epstein picks apart a new antitrust suit against Amazon brought by the FTC and several states for a lack of demonstrable harm to consumers or prices.

Richard Epstein evaluates the demands of the United Auto Workers and judges the likelihood that their strike will end in success.

Richard Epstein weighs in on recent attempts to revive the tradition of Western civilization in American universities.

Richard Epstein takes us behind the scenes on the Amicus Brief he wrote with John Yoo about a Supreme Court case that has important implications for what kind of income is allowed to be taxed.

Richard Epstein contrasts President Biden’s economic policy with the Trump and Obama administrations, and judges the success of the Inflation …

Richard Epstein discusses a new legal argument that would prevent Donald Trump from ever holding office again and responds to guilty scenarios in …

Richard Epstein dissects the Georgia RICO case brought against Donald Trump and 18 other defendants and finds several areas that may give the prosecution trouble as the case moves forward.

Richard Epstein discusses the Justice Department’s case against Hunter Biden and the investigation by House Republicans into improper payments to the Biden family.

Richard Epstein finds few defenses available for Donald Trump as the former president faces serious charges relating to conspiring to obstruct an election and defrauding the people of the United States.

Richard Epstein rates two recent Supreme Court cases on free speech and discusses the ACLU’s drift away from defending speech it disagrees with.

Richard Epstein discusses the Supreme Court cases that struck down affirmative action in university admissions and provides the relevant history on the Equal Protection Clause of the 14th Amendment.

Richard Epstein discusses Hunter Biden’s plea deal, the House GOP’s censure of Adam Schiff, and ProPublica’s allegations about Justice Alito’s fishing trip.

Richard Epstein discusses the facts of the case against Donald Trump, the legal and political defense strategies likely to be used, and why Hillary …

Richard Epstein discusses Allen v. Milligan, a surprising 5-4 decision on the Voting Rights Act decided by Roberts and Kavanaugh siding with the liberal justices.

Richard Epstein dissects the legal arguments in favor of ignoring the debt ceiling and pushes back on the notion that Congress nullified debt limits …

Richard Epstein considers the consequences of the federal government defaulting on its debts, explains why attempts to use the 14th Amendment to …

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 …

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 …

Richard Epstein defends Israeli Prime Minister Benjamin Netanyahu’s proposed judicial reforms. Are critics right that they’re anti-democratic in …

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 …

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 …

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 …

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 …

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 …

Richard Epstein discusses the upcoming midterm elections and the consequences of Elon Musk’s ownership of Twitter in the next presidential election.

After a year of interviews, the Select Committee to Investigate the January 6th Attack on the Capitol unanimously voted to subpoena former president …

Richard Epstein previews several high-profile cases in the new Supreme Court term, covering issues from the independent state legislature theory to the immunities granted to social media companies under Section 230.

Richard Epstein discusses the controversial program of bussing migrants from border states to sanctuary cities. Is it illegal? How should the border …

Richard Epstein discusses the FBI’s latest filing regarding the classified documents found at Mar-a-Lago and outlines the likely charges that will be brought against Trump.

Richard Epstein cuts through the legal arguments surrounding President Biden’s upcoming student loan forgiveness and judges its progressivity.

Richard Epstein navigates the legal challenges and financial woes facing the Obama Presidential Center as its problematic development continues.

Richard Epstein reacts to the FBI raid on Trump’s Mar-a-Lago estate. What would justify a raid on a former president? When will its contents be made …

Richard Epstein elucidates the reasons why major businesses are urging the Supreme Court to allow affirmative action to stand in university admissions and clears up the controversial comments by Justice Thomas about …

Richard Epstein pushes back against California’s new gun law, the recent allegations that the Supreme Court is illiterate, and the idea that Donald …

Richard Epstein breaks down the recent Supreme Court decision Biden v. Texas and offers his proposals for stemming the flow of illegal border crossings.

Richard Epstein discusses the upcoming Supreme Court case Moore v. Harper and its possible effects on congressional districts, gerrymandering, and the 2024 presidential election.

Richard Epstein walks through what an indictment of Trump would look like, previews arguments that would be made by defense attorneys, and …

Richard Epstein covers two recent Supreme Court rulings on the right to bear arms and the prohibition of state funds for religious education.

Richard Epstein evaluates an upcoming Supreme Court case about whether Colorado can shut down a small business for not serving everyone on the market.

Richard Epstein discusses the arrest of a gunman in front of Justice Kavanaugh’s house and the media’s surprising level of coverage.

Richard Epstein calls for due process and explains why a ruling to limit the SEC is right, but for the wrong reasons.

Richard Epstein discusses whether anything can be done to reduce or eliminate mass shootings in the United States and the likely response from the …

Richard Epstein discusses Senator Josh Hawley’s proposal to retroactively reduce the length of Disney’s copyrights.

Richard Epstein covers the biggest leak in modern Supreme Court history and discusses the legal merits of overturning Roe v. Wade.

Richard Epstein parses President Biden’s possible move to forgive student loans and whether the federal government should be in the business of …

Richard Epstein discusses concerns that billionaires are too powerful in America and weighs in on the spat between Disney and Florida Governor …

Richard Epstein hashes through Elon Musk's possible acquisition of Twitter and the worries of possible monopoly abuse it has raised. Plus, what …

Richard Epstein covers our new Supreme Court Justice’s legal background, California’s overreach on pork, Merrick Garland’s January 6th investigation, and Elon Musk’s new position on Twitter’s board.

Richard Epstein discusses mission-drift from the Securities Exchange Commission and the wider push for climate change action at executive agencies.

Richard Epstein responds to op-eds from major newspapers on free speech and cancel culture, and offers context on the current Supreme Court …

Richard Epstein reacts to a recent protest at Yale’s law school and highlights the different responses by the right and the left to speakers they …

Richard Epstein discusses President Biden’s State of the Union address, which covered Russia’s invasion of Ukraine, rapid inflation at home, and the upcoming federal budget.

Richard Epstein provides an overview of how the United States should respond to Russia’s invasion of Ukraine and describes how he differs from other …

Richard Epstein discusses an executive order that would require firms to use union labor and the likelihood that it will stand up in court.

Richard Epstein explains sensible solutions that would increase immigration while balancing national security concerns.

Richard Epstein discusses cancel culture within universities and the controversy over filling the next seat in the Supreme Court.

Richard Epstein reflects on Justice Breyer’s time on the Supreme Court and considers who should replace him—including Vice President Kamala Harris.

Richard Epstein opines on expanding the mandate of the Federal Reserve, extending jurisdiction of the SEC to public companies, and promoting climate …

Richard Epstein judges new statues meant to expand voting rights and offers a mechanism to determine whether they will increase or decrease voter fraud.

Richard Epstein discusses the history of the Electoral Count Act and the modern-day election reforms that are necessary to prevent another contentious election.

Richard Epstein hands out harsh grades to President Biden for his handling of the economy, Afghanistan, and energy policy—and makes a few predictions …

Richard Epstein discusses the oral arguments in the Supreme Court case that looks like it will overturn Roe v. Wade—and makes a prediction about the final vote.

Richard Epstein argues that the spending provisions in Biden’s reconciliation bill are less worrisome than the structural changes it will impose on the labor market.

Richard Epstein discusses the Justice Department’s plans to pay families who were separated from their children at the border and President Biden’s …

Richard Epstein explains the problem with taxing unrealized capital gains and predicts how the wealthy will work to avoid paying higher taxes.

Richard Epstein parses the ability of Donald Trump to use executive privilege as a former president and discusses the consequences of the House …

Richard Epstein untangles federal vs. state vaccine mandates and the rights of businesses to choose how they operate.

Supreme Court cases affecting gun rights, religious liberty, and abortion will soon be heard by the Court.

Richard Epstein assesses the infrastructure and reconciliation bills being debated and discusses who is to blame for the upcoming debt ceiling fiasco.

Richard Epstein judges the likelihood of success of yet another universal basic income plan and provides grave predictions about the ability of the federal government to rein in spending.

Richard Epstein reacts to the proposed tax increases in President Biden’s spending bill and explains what “tax the rich” really means.

Richard Epstein delves into President Biden’s new vaccine mandate and addresses whether it holds up to constitutional scrutiny.

Richard Epstein reacts to the new Texas abortion bill and weighs in whether states should be allowed to delegate enforcement of controversial laws to …

Richard Epstein explains when the use of force is justified overseas, what President Biden has gotten wrong by withdrawing from Afghanistan, and how our allies and adversaries will react to the fall of Pax Americana.

Richard Epstein dives into the latest IPCC report on climate change and provides a few methods for how to interpret, critique, and verify its results.

Is that legal? Richard answers questions about the constitutionality of student loan forgiveness, the national eviction moratorium, and California’s upcoming recall election.

Richard Epstein recounts President Reagan’s handling of the air traffic controller strike of 1981 and offers lessons for future conflicts with other …

Richard Epstein details the upcoming Supreme Court case that could overturn Roe v. Wade and gives his predictions based on the current composition of …

Richard Epstein delves into Trump’s claim that censorship by tech companies violated his First Amendment rights and explains why there’s more to the …

Richard Epstein weighs in on recent moves by the SEC to change financial disclosure requirements regarding climate change and warns against mission …

Richard Epstein addresses the privacy concerns of publishing leaked tax records, breaks down the debate over taxing capital gains, and provides a …

Richard Epstein discusses the rise and fall of the ACLU, including its heroic efforts during desegregation and the Civil Rights movement, and its less than heroic metamorphosis into a partisan organization overrun by …

Richard Epstein explains why corporate tax rates in other countries affect companies here in the United States, weighs in on the President Biden’s proposed tax increases, and gives advice for the lonely few who still …

Richard Epstein traces the history of the Supreme Court on abortion, from the day before Roe v. Wade to today, when a new case out of Mississippi …

Richard Epstein analyzes the recent outbreak of violence between the Israelis and the Palestinians, the future of American foreign policy in the …

Richard Epstein examines the economic issues coming to the fore with the end of the COVID pandemic: a sluggish labor market, inflation fears, tax increases, and the future of American infrastructure.