This is the Libertarian Podcast from the Hoover Institution.

I'm your host Tom Church and I'm joined by the Libertarian himself, Professor Richard Epstein.

Richard is the Peter and Kirsten Bedford Senior Fellow here at the Hoover Institution. He is the

and Kirsten Bedford senior fellow here at the Hoover Institution. He is the Lawrence A Tisch Professor of Law at NYU

and is a senior lecturer at the University of Chicago.

Now Richard, we have a legal journey to discuss because today I'd like to talk to you about Title 42.

It's a federal law used originally by the Trump administration and now the Biden administration

to prohibit migrants at the Canadian and Mexican borders from entering the country.

And we're talking about a lot of people.

It's 2.4 million expulsions since March 2020.

And believe it or not, Richard, 400,000 were under Trump and 2 million have been so far under President Biden.

Now, earlier last year, which happy new year by the way, Richard.

And happy new year to you.

Thank you.

The Biden administration decided to end its use of title 42, only to be blocked by a conservative judge at the district court level, which said that the administration hadn't followed the proper procedures to wind it down.

Now in November a different district court judge ruled that the continued use of Title 42 was no longer

justified in light of the state of the pandemic. However, the judge stated its own order to give time to the Biden administration to prepare.

Then 19 GOP states brought suit to, I guess, stop the title 42 from being stopped again, only to be blocked by DC District Court judge for lacking standing.

Okay, now at this point, Supreme Court has had to step in and we've got a case called Arizona versus

Meyorkas, which recently in 27th of December granted a stay of the petition by the states until the case could be argued in late February to figure out if

states had standing. Now this is a lot going out. Richard I need you to walk me

through this who is ultimately going to decide if title 42 as it's being used right now is legal or illegal?

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