Judging Amy

Law Talk With Epstein, Yoo & Senik

The Civitas Institute at the University of Texas at Austin

Government, History, News, Politics

4.9 • 677 Ratings

🗓️ 31 October 2020

⏱️ 64 minutes

🔗️ Recording | iTunes | RSS

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Summary

It’s out of the frying pan and into the fire, as professors Richard Epstein and John Yoo take us from the just-concluded drama of the Amy Coney Barrett hearings to the just-emerging drama over the Supreme Court’s role in the 2020 election. Along the way they consider how seriously we should take the court-packing threat; whether super-precedents are actually a thing; if Roe v. Wade and the ACA are actually in danger with a Justice Barrett on the court; and what the newest Supreme Court justice's judicial blindspot is most likely to be. Then it’s on to the Supreme Court’s unpredictable role in the 2020 presidential election. Will Chief Justice Roberts surprise us all again? Do any of the lessons of Bush v. Gore apply this year? And does ACB have a duty to recuse herself? Come for the top-shelf legal analysis, stay for Professor Epstein posing a grammar brainteaser for the ages.

Transcript

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0:00.0	start now. Okay, 645.
0:02.2	We should do a little longer than that, can we?
0:05.4	Well, goodbye. Let's just start, and we'll make John.
0:07.8	We'll probably do an hour anyway. Okay.
0:18.6	Welcome back. It's episode 139 of the Hoover Institution's Law Talk podcast. Coming to you, as we always do, from the faculty lounge of the Epstein and U School of Law, which we were planning on using as a polling location until John pointed out that it would disrupt Taco Tuesday. I'm your host, Troy Seneca, former White House speechwriter, and guy who's making
0:38.5	himself available for a cabinet appointment regardless of who wins. And I am joined, as always,
0:44.0	by the Bankman and Spingler of the conservative legal movement. They are Richard Epstein,
0:48.9	the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, Lawrence A. Tish Professor
0:53.4	of Law at NYU and Senior Lecture at the Hoover Institution, Lawrence A. Tish Professor of Law at NYU and senior
0:55.6	lecturer at the University of Chicago, and John Yoo, visiting fellow at the Hoover Institution,
1:01.4	the Emmanuel S. Heller Professor of Law at the University of California, Berkeley, and former
1:05.3	Deputy Assistant Attorney General in the Bush administration. And fellas, since we last got together, just quick review,
1:15.2	the president got COVID, water was found on the moon. There are beheadings going on in France.
1:21.6	There's rioting and looting in Philadelphia, or as the locals call it Thursday. The Pope's cool with civil unions now.
1:29.7	The Hunter Biden scandal has come out, and the New York Post got locked out of Twitter as a result.
1:35.1	There was a kidnapping plot against the governor of Michigan. California is on fire again.
1:39.7	Amy Coney Barrett's on the Supreme Court. So doing a monthly show in the Trump era is like doing a yearly show at any other time in history.
1:47.8	But one piece of news, of course, triumphs over them all because this is history in the making.
1:55.3	Gentlemen, I went back and reviewed the tape from March.
1:59.9	All three of us picked the Los Angeles Dodgers to win the World Series.
2:04.0	Wow!
2:04.9	For the first time in a decade, we kind of sort of knew what we were doing.
	...

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