The Law and Grumpy Old Men: POTUS Edition | Libertarian: Richard Epstein | Hoover Institution
Feb 9, 2024
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Richard Epstein discusses legal debates around Trump's eligibility in Colorado and potential 25th Amendment issues for Biden. Analysis of 14th Amendment, insurrection, and Presidential appointments. Debate on invoking 25th Amendment for Biden and challenges of US primary system in politics.
The Supreme Court's skepticism on removing Trump predicts a unanimous 9-0 vote.
Concerns about Biden's mental acuity raise questions on his fitness for office and election implications.
Deep dives
Supreme Court Arguments on Colorado's Attempt to Remove Trump from Ballot
The podcast delves into the Supreme Court's arguments regarding Colorado's move to kick former President Trump off the ballot. The discussion highlights the skepticism of justices towards the arguments made, predicting a unanimous 9-0 vote. The main focus centers on the necessity of congressional involvement in such decisions to prevent inconsistency among states. The argument emphasizes the constitutional constraints and the potential impact on election outcomes.
Challenges Regarding Mental Acuity in Current President
The episode also addresses concerns about the mental acuity of the current President, Biden, following a report by special counsel Robert Herr. The report highlighted memory issues but suggested challenges in convicting him of serious felonies. The conversation explores comparisons with past presidents and raises questions about Biden's fitness for office, considering potential implications for the upcoming election.
Discussion on Succession and Potential Presidential Candidates
Furthermore, the podcast evaluates the delicate issue of presidential succession and the prospects of alternative candidates for the upcoming election. The discussion contemplates scenarios where Biden may step down, leading to uncertainties around the nomination process. The conversation touches on historical precedents and the complexity of transitioning leadership within the party's electoral system.
Richard Epstein discusses Colorado’s Supreme Court arguments for removing Trump from the ballot and then analyzes potential 25th Amendment concerns brought about by a special prosecutor’s analysis of President Biden’s mental competency.
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