Question Time!

Law Talk With Epstein, Yoo & Senik

The Civitas Institute at the University of Texas at Austin

Government, History, News, Politics

4.9 • 677 Ratings

🗓️ 22 September 2023

⏱️ 71 minutes

🔗️ Recording | iTunes | RSS

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Summary

It’s an interactive session in the faculty lounge, as Professors Richard Epstein and John Yoo submit to the annual tradition of answering listener questions. There’s some serious legal analysis — can Donald Trump become president from behind bars? Can the 14th Amendment keep him off the ballot? What powers does Congress have to regulate abortion in the aftermath of the Dobbs case? But then we go to the deep cuts: Who are the greatest writers in the history of the Supreme Court? What’s it really like behind closed doors in Washington? Will the populist swing in the Republican Party reshape the Supreme Court? And then, of course, someone had to ask Richard about Roman Law. Be careful what you wish for.

Transcript

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0:00.0	arise. Welcome back to the Law Talk podcast from the Hoover Institution coming to you,
0:16.3	as we always do, from the faculty lounge of the Epstein and U. School of Law.
0:23.9	Although about this time of year, it becomes a spirit Halloween store.
0:29.1	I'm your host, Troy Sennick, former White House speechwriter, co-founder of Kite and Key Media,
0:35.2	and long-time Rody for Peter Satera, and I am joined, as always, by the Edison and Tesla of the conservative legal movement.
0:37.6	They are Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution,
0:43.1	Lawrence A. Tisch Professor of Law at NYU, and Senior Lecturer at the University of Chicago,
0:49.2	and John Yu, visiting fellow at the Hoover Institution, the Emmanuel S. Heller Professor of Law at the University of California, Berkeley, and former deputy assistant attorney general in the Bush administration.
1:01.2	Fellas, good to be back with you. I mentioned on our last episode that traditionally on the August episode of Law Talk, we take listener questions.
1:12.5	We were not able to do that this year because August was so damn newsy.
1:15.2	But thankfully, we had tons of listeners submit questions so that we could make it up to them here in September.
1:21.6	I've got a lot of them.
1:23.0	So I want to get straight to it.
1:25.0	And we will start with some of the more topical ones and then do some of the more
1:28.8	thematic questions for you later in the show.
1:31.9	But two current events questions that got submitted over and over again.
1:37.1	I will start with those.
1:39.1	And I apologize for not giving attributions, but we got endless variations on both of these.
1:43.8	So first one, Richard,
1:46.0	I'll let you start with this. We got probably a dozen variations on. If Donald Trump is convicted
1:54.8	and sentenced to jail time in any of the cases facing him and nevertheless manages to win the 2024 presidential election
2:03.7	what happens is it a get out of jail free card or are there plausible grounds on which an
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