Why Should This Court Ever Follow Precedent When It's Very Wrong?

In what has now become an annual tradition on Uncommon Knowledge with Peter Robinson, law professors John Yoo and Richard Epstein join the show to opine on a newly minted Supreme Court. For the first time in decades, today’s court is dominated by a majority of originalist justices—justices who believe the Constitution means today just what the document meant when it was ratified more than 200 years ago. The professors discuss and analyze Dobbs v. Jackson Women’s Health Organization (the case that may overturn Roe v. Wade), the court’s ruling on mask mandates, voting rights legislation, and other cases to watch. The professors also reminisce about the time the current president of the United States waved a book authored by a then unknown law professor on national television during Clarence Thomas’s confirmation hearing. As usual, our yearly show with professors Epstein and Yoo is the closest you can get to law school without having to take the LSATs.

Recorded on January 20, 2022