This is the Libertarian Podcast from the Hoover Institution. I am your host Tom Church and I'm joined as always by the Libertarian Professor Richard Epstein.

Here at Hoover, Richard is a Peter and Kirsten Bedford, senior fellow. He's also the

Lawrence A Tish Professor of Law at NYU, and he's a senior lecturer at the

University of Chicago. Now Richard, there's lots to talk about this week involving former presidents, current

presidents, mental acuity, viability for office in general. I think we'll start with the Supreme

Court arguments yesterday made regarding

Colorado's attempts to kick former President Trump off the ballot. I'll just say that I think

the justices were skeptical of the arguments being made

and clearly I'd love to get your read on this what of course I'd love your

prediction I always want to get you on the record what your predictions going to be and

what the lines of argument do you

think was there was there anything on the Colorado side that you thought okay

this is actually a decent point.

Look I'm going to start with the end.

I think the vote will be 9-0.

And I think the vote will be 9-0 because they will fasten in on an argument which is not

to date played a prominent role in the debate which has gotten larger as things

gone on.

Section 5 of the 14th Amendment says Congress should have the power to enforce this by appropriate legislation.

And the argument that seems to command everybody's respect

is that if you do not have Congress

as the taskmaster on this particular charge,

...