S8 Ep287: THE SUPREME COURT AND THE MYTH OF THE UNITARY EXECUTIVE Colleague Richard Epstein, Civitas Institute. Richard Epstein challenges the view that the Roberts Court blindly supports a "unitary executive." He argues the Court is correctly questioning the const
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 8 January 2026
⏱️ 5 minutes
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Summary
1890 FULLER SCOTUS
Transcript
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| 0:00.0 | I'm John Batchel with my colleague Richard Epstein, and we have a few minutes to address a case that is determined. |
| 0:07.6 | This is Trump v. Illinois, and it translates into this. |
| 0:12.0 | Mr. Trump has dispatched the National Guard in many states with the explanation that there's disorder that must be contained. |
| 0:24.0 | Three states, California, Illinois, |
| 0:28.8 | and I believe New York, there might have been another one. Blue states, big blue states, |
| 0:34.5 | have rejected the idea that the president can deploy the National Guard in their state without the permission of a governor, which was not given. |
| 0:38.5 | The Supreme Court in an unsigned order has sustained a lower court decision |
| 0:43.3 | that the president does not have the power to dispatch to deploy the National Guard |
| 0:48.2 | without the governor of that state making the request. |
| 0:53.4 | The court has decided to let that go. Does that demonstrate |
| 0:57.3 | the court backing away from giving power to the president? Richard, is this an example that |
| 1:03.7 | contends the assumption that the court is prejudiced for the president? I think in effect, |
| 1:10.2 | this area has always been somewhat different from the other. |
| 1:13.3 | And the problem here is the same problem that you have with the tariffs, |
| 1:17.0 | where I believe the court will again go against the president. |
| 1:20.4 | And so I don't want to say that it's everything. |
| 1:22.8 | But what you have is you have three or four momentous cases. |
| 1:26.0 | They're coming out very different ways, but the |
| 1:28.4 | size of the stakes are not measured by an empirical method that just counts cases. And the reason that |
| 1:34.3 | happens is the Supreme Court rightly decided that the president has a hell of a lot more power |
| 1:40.2 | over the district of Columbia, where he's the prime administrator and much less power |
| 1:45.4 | over the states. And they said, as in the tariff case, the president is not simply allowed to |
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