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Uncommon Knowledge

Judging The Justices: Epstein And Yoo On The New Originalist Supreme Court

Uncommon Knowledge

Hoover Institution

Politics, History, News:politics, Science, News

4.8 • 1.9K Ratings

🗓️ 26 January 2022

⏱️ 73 minutes

🧾️ Download transcript

Summary

In what has now become an annual tradition on Uncommon Knowledge with Peter Robinson, law professors John Yoo and Richard Epstein join the show to opine on a newly minted Supreme Court. For the first time in decades, today’s court is dominated by a majority of originalist justices—justices who believe the Constitution means today just what the document meant when it was ratified more than 200 years ago.

Transcript

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0:00.0

Music

0:10.0

Welcome to Uncommon Knowledge. I'm Peter Robinson.

0:13.0

Professor of Law at New York University, Professor of Law,

0:16.0

Emeritus at the University of Chicago at a fellow at the Hoover Institution.

0:20.0

Richard Epstein is one of the most widely published and influential legal scholars of the last half-century.

0:26.0

And I'm not even making that up, am I John? That is strictly speaking true.

0:30.0

I think it's longer than half a century now. I think it's about a century.

0:34.0

It's about a century. We'll come to you in a moment.

0:36.0

Professor Epstein represents one half of the legal team on the popular podcast Law Talk.

0:42.0

Professor of Law at the University of California at Berkeley, John U,

0:46.0

served as Deputy Assistant Attorney General during the administration of President George W. Bush.

0:52.0

Professor U is not quite as widely published as Professor Epstein, but he's getting there.

0:58.0

Professor U is the other half of the legal team on Law Talk. Richard, John, welcome.

1:05.0

Good to be here and nice to have my son, John, 20 years my junior on this show with me.

1:11.0

The big one first, abortion. Let me set it up.

1:15.0

Roe v. Wade in 1973 and Planned Parenthood v. Casey in 1992.

1:20.0

In those two cases, the Supreme Court overturned virtually all prohibitions on abortion during the first trimester or 24 weeks of pregnancy.

1:30.0

In 2018, the State of Mississippi enacted a law banning abortion after 15 weeks and was promptly sued.

1:39.0

This passed December. The Supreme Court heard oral arguments in Dobbs v. Jackson Women's Health Organization.

1:46.0

Dobbs is a State official in Mississippi who's the subject of the law suit.

1:51.0

The defendant, the State of Mississippi explicitly urged the court to overturn Roe.

1:58.0

Before the oral arguments in December, John U predicted that the court would decide the case narrowly upholding Roe.

...

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