Lawyers in Lockdown

Law Talk With Epstein, Yoo & Senik

The Civitas Institute at the University of Texas at Austin

Government, History, News, Politics

4.9 • 677 Ratings

🗓️ 26 March 2020

⏱️ 59 minutes

🔗️ Recording | iTunes | RSS

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Summary

Fresh off of a scrubdown, the faculty lounge has reopened for a special all-coronavirus episode. On the agenda: Where do the emergency authorities of the White House — and the states — begin and end? Can authorities close down gun stores as an emergency measure? Should the feds drive production of emergency supplies? Did the Justice Department use the crisis for a power grab? And would digital surveillance to stop the spread of COVID-19 run afoul of the Fourth Amendment? Find out the answers to all that and more on the world’s longest micro-episode.

Transcript

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0:00.0	No, I never turn on the video. Are you kidding since this thing started? I haven't bathed in weeks.
0:10.9	Hello and welcome back. It's episode 132 of the Hoover Institution's Law Talk podcast coming to you, as we always do, from the faculty lounge of the Epstein and You School of Law,
0:21.7	where all of our online courses just turn out to be Rickrolls.
0:25.4	I'm your host, Troy Seneca, former White House speechwriter, and Guy whose homemade COVID-19
0:30.3	cures have been described by the FDA as, quote, not substantiated by science and, quote,
0:35.4	nothing more than table salt.
0:37.4	And I am joined, as always, by the Bo and Luke of the conservative legal movement.
0:41.9	John does the moonshining.
0:43.0	Richard drives the Dodd Charger.
0:44.9	They are Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover
0:49.0	Institution, the Lawrence A. Tisch Professor of Law at NYU and senior lecturer at the
0:54.1	University of Chicago. And John You, senior lecturer at the University of Chicago,
0:55.8	and John Yoo, visiting fellow at the Hoover Institution, the Emmanuel S. Heller Professor of Law at the University of California, Berkeley,
1:02.4	and former Deputy Assistant Attorney General in the Bush administration. So, fellas, this is a slightly
1:07.8	different show than we'd normally do. Today is going to be sort of a micro episode, just centered around all the issues arising out of the coronavirus.
1:16.3	And also, before we start, we'd just like to send our best wishes out to David Latt, the founder of the Above the Law blog, which has been kind to this show over the years.
1:24.7	He's in the hospital here in New York, battling a pretty severe case of COVID-19, and we're wishing him a speedy recovery. So lots for us to talk about
1:33.3	today. Why don't we just start with the shutdowns? I mean, life has pretty much ground to a halt
1:39.2	where all of us are for Richard and I in the New York City area, John, for you in Northern California.
1:45.5	So mandatory closures for all non-essential businesses, the definition of which is slippery,
1:51.7	shelter and place orders in some locales, and the complaining that you heard, at least initially,
1:57.3	from some libertarian types, this is starting to die down now, is where does this authority come from?
	...

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