The Libertarian

This week, Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy. Drawing lessons from World War II, Vietnam, Gaza, and the current conflict with Iran, Epstein argues that wars are either fought to win or not fought at all. He contends that America’s fear of escalation, reliance on limited objectives, and preference for negotiated settlements have produced strategic drift rather than decisive victory. Professor Epstein also delivers a sharp critique of Donald Trump’s handling of Iran, defends the logic of unconditional surrender, and explains why he believes half-measures can be more dangerous—and more costly—than total commitment.

Transcribed - Published: 2 June 2026

Richard Epstein analyzes the Trump administration’s controversial $1.776 billion settlement fund, arguing that it represents a profound breach of constitutional norms, public trust, and basic principles of good government. From standing doctrine and congressional power to taxation, impeachment, and the limits of executive authority, Epstein explains why he believes the scheme is legally dubious, politically explosive, and one of the most troubling examples of presidential overreach in modern American history.

Transcribed - Published: 29 May 2026

Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s latest Voting Rights Act decision, examining how the ruling in Louisiana v. Callais narrows the use of race in redistricting and marks a turning point in election law. Epstein argues that the Court has finally begun to rein in what he sees as decades of overreach, tracing the evolution of voting rights jurisprudence from the Civil Rights era to today and questioning whether majority-minority districts have outlived their original purpose. The conversation explores the legal foundations of racial gerrymandering, the unintended political consequences of engineered districts, and the broader implications for polarization, representation, and the future of redistricting in the United States.

Transcribed - Published: 29 April 2026

Richard Epstein examines the unfolding U.S. confrontation with Iran through both a strategic and constitutional lens, arguing that President Trump’s approach reflects a deeper tension between military necessity and political constraint. Epstein contends that limited or “half-war” measures—such as reliance on air power or pursuit of partial ceasefires—invite instability, while effective strategy demands either decisive dominance or restraint from intervention altogether. The conversation then pivots to the constitutional stakes, with Epstein criticizing the War Powers Act as an impractical and possibly unconstitutional encroachment on executive authority, arguing that modern warfare requires speed, secrecy, and unified command that Congress is structurally ill-equipped to provide. The discussion highlights the enduring conflict between law and strategy, suggesting that America’s greatest vulnerability may lie not only in foreign adversaries, but in its own divided system of war-making power.

Transcribed - Published: 11 April 2026

A Los Angeles jury has handed down a verdict stating that Meta and Google are held liable for a young woman’s psychological harm allegedly linked to social media use—along with a $6 million damages award. But what legal theory could possibly justify it? Richard Epstein dissects the case, from the limits of Section 230 to the growing push to impose liability on platforms for user behavior. Epstein explains why the ruling rests on shaky ground, how it collides with longstanding principles of tort law, and why—if upheld—it could expose tech companies to catastrophic, system-wide liability. The conversation ranges from contributory liability and First Amendment concerns to the deeper question: who is responsible when harm flows through a network? A sharp, fast-moving analysis of a case that could reshape the legal architecture of the internet.

Transcribed - Published: 27 March 2026

Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.

Transcribed - Published: 21 March 2026

Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.

Transcribed - Published: 4 March 2026

Richard Epstein unpacks what the equal time rule actually is, where it came from, and why it still applies to broadcast television decades after the demise of the Fairness Doctrine. He also explores the original justification for FCC regulation based on spectrum scarcity, the uneasy relationship between free speech and campaign finance law, and whether the logic behind these rules makes any sense in a world of YouTube, podcasts, and limitless media platforms

Transcribed - Published: 19 February 2026

Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.

Transcribed - Published: 31 January 2026

President Trump’s recent embrace of economic proposals run sharply against free-market orthodoxy, exploring three headline-grabbing ideas: capping credit-card interest rates, banning institutional investors from buying single-family homes, and restricting dividends and stock buybacks by defense contractors. Why is a Republican president is advancing policies more commonly associated with progressive populism? Drawing on economic history, constitutional law, and real-world market behavior, Epstein argues that price controls, capital restrictions, and politicized contracting consistently backfire, harming consumers, workers, and innovation alike. The conversation situates Trump’s proposals within a broader populist strategy, assesses the political incentives behind them, and warns that ignoring basic economic lessons risks repeating some of the most durable policy failures of the past.

Transcribed - Published: 15 January 2026

Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explain how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.

Transcribed - Published: 19 December 2025

Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC. Epstein walks through the constitutional history — from the Founding to Humphrey’s Executor to modern administrative courts — and explains how the Court’s interpretation of Article II has evolved, splintered, and in some cases contradicted itself. The conversation covers everything from the steel-seizure precedent to the Federal Reserve, the structure of the administrative state, and the unresolved tension between originalism and the practical realities of modern governance. Epstein explains why this case could be one of the most consequential constitutional questions of our time.

Transcribed - Published: 10 December 2025

Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.

Transcribed - Published: 3 December 2025

Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.

Transcribed - Published: 24 November 2025

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.

Transcribed - Published: 31 October 2025

Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.

Transcribed - Published: 15 October 2025

Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.

Transcribed - Published: 25 September 2025

Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.

Transcribed - Published: 3 September 2025

Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.

Transcribed - Published: 21 August 2025

On episode 3, Charles C. W. Cooke asks Richard Epstein about Israel's potential defamation suit against the New York Times. Can a country sue a newspaper? Where would such a case be heard? Does it matter that Israel is a "public figure"? Could "actual malice" be proved? Would the New York Times want to settle? Does its non-retraction update help, or worsen, its position?

Transcribed - Published: 7 August 2025

On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?

Transcribed - Published: 24 July 2025

The libertarian is back. On this first episode of the new series, Richard Epstein talks to host Charles C. W. Cooke about immigration. What powers was the federal government given over this area? What—and why—did those powers change? Can the states fill any gaps? What due process are immigrants entitled to?

Transcribed - Published: 17 July 2025

Will controversial Trump nominees for cabinet positions stumble in front of Senate confirmation hearings?

Transcribed - Published: 13 December 2024

President-elect Trump is filling out his cabinet and key staff positions. Which ones are strong and which ones are not?

Transcribed - Published: 14 November 2024

An issue-by-issue look at where Trump’s next term is trending.

Transcribed - Published: 7 November 2024

A second Trump presidency looks more and more likely. Would Trump use the office of the presidency to settle old scores?

Transcribed - Published: 26 October 2024

Should private universities be allowed to offer preferences to legacy or donor-linked applicants?

Transcribed - Published: 11 October 2024

Is Israel’s beeper-bomb attack a justified use of force or a dangerous escalation that endangers civilians?

Transcribed - Published: 20 September 2024

Online influencers get caught spreading Russian propaganda for money.

Transcribed - Published: 6 September 2024

UCLA gets reprimanded for failing to protect Jewish students and Columbia’s president leaves over actions from last school year’s protests.

Transcribed - Published: 15 August 2024

President Biden proposes significant changes to the Supreme Court.

Transcribed - Published: 31 July 2024

President Biden withdraws from the Democratic ticket, changing the 2024 presidential election and former president Trump’s chances of winning.

Transcribed - Published: 23 July 2024

The Supreme Court punts on the constitutionality of wealth taxes, Louisiana tries to put the Ten Commandments in classrooms, and Manhattan DA Alvin Bragg lets Columbia protestors go.

Transcribed - Published: 21 June 2024

Unanimous cases on abortion pills and organizing unions, plus an unexpected voting distribution on a federal gun regulation case.

Transcribed - Published: 14 June 2024

Donald Trump was found guilty on all 34 counts of falsifying business records. What happens next?

Transcribed - Published: 31 May 2024

What constitutes election interference?

Transcribed - Published: 17 May 2024

Columbia clears its campus while UCLA students clash.

Transcribed - Published: 2 May 2024

When do protests go too far?

Transcribed - Published: 19 April 2024

Richard remembers Daniel Kahneman and reflects on their many interactions over behavioral and rational-choice economics.

Transcribed - Published: 3 April 2024

Is the bill to divest TikTok from the Chinese Communist Party actually a ban in disguise?

Transcribed - Published: 15 March 2024

Is support for a two-state solution dead within Israel?

Transcribed - Published: 23 February 2024

Trump and Biden each face challenges to remaining on the ballot this fall.

Transcribed - Published: 9 February 2024

Are federal agencies finally going to be reined in? And how will the Texas border dispute be resolved?

Transcribed - Published: 26 January 2024

Does a sitting president have immunity for his actions as long as he isn’t impeached and convicted?

Transcribed - Published: 12 January 2024

How to think about criminal trials of former, current, (and future) presidents.

Transcribed - Published: 15 December 2023

“Does calling for the genocide of Jews violate the code of conduct or rules regarding bullying or harassment [at your university]. Yes or no?”

Transcribed - Published: 7 December 2023

How is the IDF allowed to wage war when Hamas fights and hides among civilians?

Transcribed - Published: 10 November 2023

How to respond to allegations that Israel is a colonizer, an occupier, and an apartheid state.

Transcribed - Published: 27 October 2023

Can Israel allow Hamas to remain in power after the 10/7 terror attacks?

Transcribed - Published: 20 October 2023

How should Israel respond to the terrorist attack from Hamas and the Gaza Strip?

Transcribed - Published: 11 October 2023