S8 Ep489: Professor Richard Epstein of the CIVITAS INSTITUTE analyzes constitutional limits of presidential authority to fire independent agency officials, discussing historical precedents like Humphrey's Executor and critiquing legal reasoning behind maintaining q
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 21 February 2026
⏱️ 15 minutes
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1910 SCOTUS
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| 0:00.0 | I'm John Batchel. It's a pleasure to welcome my colleague and friend Richard Epstein. Professor Richard Epstein teaches law at NYU and the University of Chicago. |
| 0:24.0 | He's at the Civitas Institute, University of Texas at Austin. |
| 0:27.6 | Morrison v. Olson, 487 U.S. 654, 1988. |
| 0:34.2 | A Supreme Court of the United States decision that determined that the Independent Council Act was constitutional, therein lies the story. |
| 0:44.1 | Richard, a very good evening to you. |
| 0:45.9 | I've been guided by our colleague John U. |
| 0:48.1 | to pay attention to Morrison v. Olson because it will be part of the case that the Supreme Court is now asked to decide, |
| 0:57.4 | does the president have the power to fire members of independent boards? Is there such a thing as |
| 1:04.4 | someone in the executive branch who's protected from the power of the presidency? Does the court |
| 1:10.6 | have a way to find in the Constitution, |
| 1:14.0 | a way of mitigating the power of the presidency in the executive branch? |
| 1:19.4 | It would appear from Morrison v. Elson and what's happened in between, |
| 1:23.8 | that that decision is now pending. |
| 1:27.2 | Here tofore, the decision has been that the president does not have the power to fire the |
| 1:32.3 | independent counsel. |
| 1:33.8 | However, I wait on your opinion. |
| 1:36.1 | Good day to you. |
| 1:37.5 | Oh, good day. |
| 1:38.2 | I mean, this is an extraordinary issue. |
| 1:41.0 | First of all, let me begin by saying that Morrison and Olson and the opinion of the |
| 1:45.6 | Chief Justice is a genuine travesty. He got everything, I think, wrong. But the first thing to |
| 1:51.1 | remember is that the question of the independent agencies and any general version of the unitary |
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