Richard Epstein is a professor of law at the New York University law school, a senior fellow at the Hoover Institution, and a senior lecturer at the University of Chicago law school. His latest book is The Case Against the Employee Free Choice Act. John Yoo is a professor at the University of California at Berkeley law school. His most recent book is Crisis and Command.
Two of the nation’s leading constitutional scholars discuss contemporary constitutional issues -- and the Supreme Court that will decide them. Is Obamacare unconstitutional? Epstein and Yoo explain why the “encroachment” argument beats the “general welfare” argument in the case against Obamacare. Is California’s Proposition 8 unconstitutional? And how does today’s Supreme Court measure up?
Richard A. Epstein, the James Parker Hall Distinguished Service Professor at the University of Chicago, is the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution. Epstein is also, a visiting professor at NYU Law School.
Peter M. Robinson is a research fellow at the Hoover Institution, where he writes about business and politics, edits the Hoover Institution's quarterly journal, the Hoover Digest, and hosts Hoover's television program, "Uncommon Knowledge."
Robinson is also the author of three books: How Ronald Reagan Changed My Life; It's My Party: A Republican's Messy Love Affair with the GOP; and the best-selling business book Snapshots from Hell: The Making of an MBA.
John Yoo is a professor at the University of California, Berkeley, School of Law. He served from 2001 to 2003 as a deputy assistant attorney general in the Office of Legal Counsel at the U.S. Department of Justice, where he worked on issues involving foreign affairs, national security, and the separation of powers.
He has also been a visiting professor at the University of Chicago and the Free University of Amsterdam, and in 2006 he held the Fulbright Distinguished Chair in Law at the University of Trento, Italy.
A visiting scholar at the American Enterprise Institute, he is the author of War by Other Means and The Powers of War and Peace.
In assessing the 2010 federal court decision that repealed Proposition 8 in California, attorney John Yoo calls it a "really poorly done decision." Yoo and law professor Richard Epstein both agree that legislative action is preferable to judicial decree.
Law professor Richard Epstein argues that the healthcare repeal efforts have, "a limited scope and the only thing that turns out to be under the rifle ... is the individual mandate under Obamacare." Attorney John Yoo foresees repeal efforts going to the Supreme Court by the end of the year and turning into a major issue for the 2012 presidential campaign.