Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter
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.
The Libertarian
The Slippery Slope of Social Media Liability
The conversation ranges from contributory liability and First Amendment concerns to the deeper question: who is responsible when harm flows through a network?
The Half-War
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.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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The Firestorm Over Congressional Redistricting
In the end, the Court will enter the political thicket through a side door that never should have been left open in the first place.
Revisiting 'Zadvydas v. Davis' 25 Years Later
Deportable aliens have no constitutional right to avoid detention.
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