This is the Libertarian Podcast from the Hoover Institution.

I'm your host Tom Church, and the Libertarian is Professor Richard Epstein.

Richard is the Peter and Kirsten Bedford Senior Fellow here at the Hoover Institution. He is the Richard today I thought we'd start by talking about one of the recent Supreme Court decisions we haven't discussed yet and that's Biden v Texas

Now this case was about the federal government's ability to end the remain in Mexico policy put in place by the Trump administration.

And it was an interesting coalition of justices here.

It was decided 5.4 with the liberal justices joined by Chief Justice Roberts and Justice Kavanaugh.

I'm hoping you'll take me through the case to help me understand why Roberts,

Kavanaugh, and the three justices, the liberal justices all agreed.

I'm sure I'm happy to try. and the three justices, the liberal justices all agreed.

I'm sure, I'm happy to try to do that. This is actually an extremely difficult case

to sort of understand.

What you have to do first is to back off

and see what the program was and then after you do that see how unpalatable alternatives have to be treated.

The thing to understand is that the Trump program was put into place several years after he was in office.

And before that we have the situation that we have now, which is we have illegal immigrants

coming into the United States and then the question is what should be done before the

disposition is made of their treatment and it turns out that there are

essentially three alternatives one is you could try to put them in some kind of a

protective custody restricted restricted facility,

from which they cannot escape or cannot leave. The second is you could let them go on their own

recognizance and ask them to reappear. And the third is you could simply send them back to once they came

so that they're not in the United States. And then what you could do is arrange for them to apply in some

...