The Libertarian

Richard Epstein on the political and legal considerations behind adding a new justice to the Supreme Court.

Richard Epstein addresses the controversy around Apple’s attempt to resist a court order that would force them to help the FBI unlock the phone of one of the San Bernardino terrorists.

Richard Epstein recalls his friend and onetime colleague Antonin Scalia – and explains the similarities and differences in their respective legal philosophies.

Richard Epstein looks at the legal battle that has led the US Department of Justice to take Ferguson, Missouri to court.

Richard Epstein looks at the legal issues emerging from revelations that there are potentially dangerous amounts of lead in the drinking water of Flint, Michigan.

Richard Epstein looks at the recent twists and turns in both the Democratic and Republican Parties’ presidential contests.

Richard Epstein examines the legal issues underpinning Donald Trump’s argument that Ted Cruz may be constitutionally ineligible to be president

Richard Epstein uses Barack Obama’s recent executive actions on guns as a springboard to discuss the President’s history of exercising unilateral executive power.

Richard Epstein dissects Friedrichs v. California Teachers Association, a case that could dramatically diminish the power of public-sector unions.

Richard Epstein looks at the issues underlying the affirmative action case of Fisher v. University of Texas at Austin, and whether the University of Texas at Austin’s affirmative action program complied with the stringent legal test the court set out in Grutter v. Bollinger (2003).

Richard Epstein examines the controversies around gun control, immigration, and surveillance that have emerged in the aftermath of the San Bernardino terrorist attack.

Richard Epstein responds to the controversy over Woodrow Wilson’s legacy at Princeton, and examines whether students are justified in wanting to disassociate the university from its former president.

Richard Epstein looks at the relationship between the war in Iraq and the current fight against ISIS, analyzing which lessons President Obama has and hasn’t learned.

Richard Epstein considers what the controversy over political correctness at Yale says about the state of free speech on America’s college campuses.

Richard Epstein looks at the controversial decision by New York’s attorney general to subpoena documents from ExxonMobil relating to the company’s research on global warming.

Richard Epstein looks at FBI director James Comey’s claim that police are taking a less proactive approach to crime in the wake of repeated racial controversies.

Richard Epstein analyzes Supreme Court jurisprudence on the Second Amendment and responds to common arguments made by both liberals and conservatives in the fight over gun rights

Richard Epstein examines a new Supreme Court case that could upend the way congressional districts are shaped.

Richard Epstein casts a critical eye toward Pope Francis’s pronouncements on economics, income inequality, and poverty.

Richard Epstein looks at the pronouncements Pope Francis made on Syria, climate change, and organ donations during his recent visit to the United States.

Richard Epstein reacts to Donald Trump’s broadside against the hedge fund industry, explores the controversy around carried interest, and examines the merits of various proposals for tax reform.

Richard Epstein looks at how the shortcomings of the Obama administration’s foreign policy have fueled the refugee crisis that’s left Europe reeling.

Richard Epstein looks at the controversy over whether the Fourteenth Amendment requires that children of illegal immigrants become US citizens.

Richard Epstein analyzes the state of the modern judiciary: What kind of people should become judges? Should presidents use litmus tests to pick people for the bench? What structural reforms could improve the judicial branch?

Richard Epstein looks at Hillary Clinton’s proposal to change how college educations are financed and considers the broader structural problems bedeviling US higher education.

Richard Epstein looks at the new Environmental Protection Agency regulations designed to combat carbon dioxide emissions and considers the implication for the US economy.

Richard Epstein explains the development of his political and legal philosophy, focusing on the individuals and books that exerted the greatest influence on him.

Richard Epstein looks at attempts to restrict Uber in New York City and explains how those efforts are evidence of the growing weaknesses of progressivism.

Richard Epstein looks at the recent nuclear agreement with Iran, the upending of the traditional process for treaty ratification in the Senate, and the consequences for America’s national security.

Richard Epstein considers how Greece and the European Union (EU) should resolve their dispute over excessive debt and weighs in on whether the broader EU project is doomed to fail.

Richard Epstein critiques the reasoning behind the Supreme Court’s recent ruling on gay marriage and considers the implications for the future of religious liberty.

Richard Epstein examines the Supreme Court’s ruling in King v. Burwell, upholding the Obama Administration’s application of subsidies to federal health exchanges.

Richard Epstein looks at the controversies surrounding the proposed Trans-Pacific Partnership trade agreement.

Richard Epstein dissects the recent Supreme Court ruling on whether Congress or the president should have the final say on certain diplomatic disputes.

Richard Epstein looks at the recent scandal involving FIFA, examines why US officials got involved in an international case, and describes the legal implications.

Richard Epstein analyzes a recent Supreme Court case that turned on the justices’ understanding of the dormant Commerce Clause — an obscure concept that’s divisive on both the Left and the Right.

Richard Epstein examines recent anxieties about American wealth disparities, analyzes the policies progressives are proposing as remedies, and argues that deregulation may be the best way forward.

Richard Epstein reviews the Second Circuit’s ruling against the NSA metadata program and considers how much government intrusion is warranted by the threat of terrorism.

Richard Epstein explores the arguments about crime, race, poverty, and policing that have emerged in the aftermath of Freddie Gray’s death.

Richard Epstein looks at WikiLeaks’s release of Sony e-mails and considers the implications for privacy and transparency.

Richard Epstein considers President Obama’s recent efforts to improve the United States’ relationship with Cuba and the broader implications for US foreign policy.

Richard Epstein explains the historical development of antidiscrimination laws, looks at modern controversies involving religious liberty, and proposes a classical liberal solution based on mutual tolerance.

Richard Epstein critiques the agreement that President Obama recently struck with Iran over the country’s nuclear program.

ard Epstein argues that critics of Indiana’s Religious Freedom Restoration Act are undervaluing the right to free association.

Richard Epstein looks at efforts to constrain the classification of workers as “independent contractors,” including a pair of controversial court cases involving Uber and Lyft.

Richard Epstein examines the contents of two new Justice Department reports out of Ferguson, Missouri: one exonerating Darren Wilson in the shooting death of Michael Brown, one claiming systemic racial bias in the city’s police force.

Richard Epstein looks at the recent flap over Republican senators’ letter to Iran, examines President Obama’s decision to circumvent Congress on a potential diplomatic agreement with Tehran, and considers what it all means for the future of US foreign policy.

Richard Epstein examines the oral arguments in King v. Burwell, considers the responses of John Roberts and Anthony Kennedy, and interprets what it all may mean for the eventual ruling.

Richard Epstein looks at the legal issues surrounding the Supreme Court’s upcoming Obamacare case, why the progressive justices might be inclined to side with the administration, and what the fallout from a verdict overturning Obamacare subsidies might look like.

Richard Epstein explains how Greece can solve its ongoing debt problem, looks at the difficulty of effectively restructuring the country’s debt, and considers whether the European Union can endure.