Roundup at The Supreme Court
Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.
The Libertarian
Trump’s Iran Gamble Is Backfiring
Richard Epstein weighs in on war, deterrence, and the limits of modern military strategy.
Elon Musk, Inequality, and the Politics of Envy
Richard Epstein takes on the growing obsession with billionaires, wealth taxes, and economic “justice,” arguing that making the rich poorer will not make the poor richer.
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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The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.
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