This is the Libertarian Podcast.

This is the Libertarian Podcast from the Hoover Institution.

I'm your host Tom Church and the Libertarian is

Professor Richard Epstein. Richard's the Peter and Kirsten Bedford senior fellow

here at the Hoover Institution. He's the Lawrence A Tish Professor of Law at NYU and is a senior lecturer at the University of Chicago

We have a lot to talk about this week Richard and I thought we'd start with our newly confirmed Supreme Court Associate Justice Kitanji Brown Jackson who will

assume Justice Breyer's seat when he retires very soon.

Now for part of her career, soon to be, well I guess Justice in Waiting waiting Jackson was a public defender which is

experience I believe none of the sitting justices had prior to their tenure it's a fact

that has been discussed by senators and in the media and used both as an argument for and against her

confirmation. I want to know from you do you think that background will affect how

she chooses to interpret cases and do you think it's possible we might see movement

different movement from the

Supreme Court and issues such as maybe federal sentencing or qualified immunity

that a public defender would have you know had a different viewpoint on look it's always a possibility that people are framed by what they did earlier.

But if you want to figure out what the distribution on the current Supreme Court is with respect

to this whole constellation of issues.

Justice Gorsuch and Justice Sotomayor

seemed to be reasonably similar on them.

They do it for very different reasons.

I think that the sort of my or stuff is heavily race-based and I think that the gossage stuff is heavily

libertarian-based which is the sense that you don't trust the police because the purpose of a

...