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's a Lawrence A Tish Professor of Law at NYU, and he's a senior lecture at the University of

Chicago.

And it's October, which means a new slate of cases will be heard by

the Supreme Court. And since we have here the Supreme Court Justice who should have

been, I think we have a great opportunity to get a rundown of several

important cases.

Richard, I got to ask before we dive into this,

if you had to give one guess why you were never nominated for the court,

what would it be?

Well, I think I would say as follows,

I don't think that I would get anybody in any administration to put my name forward

as a potential Supreme Court nominee and if it were put forward I don't think I'd get

anybody from any party to support it.

And let me explain because it's kind of instructive why.

I am generally speaking a kind of a maverick,

so it can't fit yourself comfortably into either can't.

And in order to get something like a Supreme Court nominee there have to be some

people who prepare to back you because they agree with what you say. So just to give you but one

constant image is what do you think about originalism? Are you for it or are you

...