Three Supremely Unlikely Changes to the Court | Libertarian: Richard Epstein | Hoover Institution
Jul 31, 2024
auto_awesome
Richard Epstein, a prominent legal scholar known for his insights on constitutional law and economics, discusses President Biden's bold proposals to reform the Supreme Court. He dives into the implications of a constitutional amendment on judicial immunity and the complexities of impeachment. Epstein also debates the concept of term limits for justices, weighing its potential effects on judicial independence and historical precedents. The conversation highlights the critical balance between judicial legitimacy and political influence, emphasizing the need for careful, principled discourse.
Richard Epstein discusses the implications of eliminating presidential immunity through the No One is Above the Law Amendment, debating its constitutional challenges.
The exploration of imposing 18-year term limits for Supreme Court justices raises concerns about judicial independence and the impact of excessive regulation.
Deep dives
Constitutional Amendment on Presidential Immunity
A proposal called the No One is Above the Law Amendment aims to eliminate presidential immunity for crimes committed while in office. The discussion highlights the constitutional debate between absolute and qualified immunity for public officials. Absolute immunity protects officials from civil or criminal charges unless malice is proven, a concept that has historical precedent but faces challenges in application. The complexities surrounding this issue are amplified when considering the implications of impeachment and how it functions alongside potential criminal prosecutions.
The Proposal for Supreme Court Term Limits
The idea of imposing term limits on Supreme Court justices is explored, suggesting 18-year terms similar to those seen in other courts. This could help prevent justices from serving too long and potentially becoming out of touch with contemporary societal values. However, the transition raises logistical challenges, particularly regarding how to address current justices' tenures. Strengthening the argument for term limits also involves discussions about the consequences of long-serving justices and the political ramifications of their decisions.
Concerns Over Judicial Accountability and Powers
The conversation critiques the notion of increased scrutiny and accountability for Supreme Court justices, emphasizing that excessive regulation may undermine judicial independence. Significant caution is warranted to avoid delegitimizing the court based on partisan pressures surrounding select rulings. Historical contexts reveal that reform efforts in other nations often threaten democratic principles instead of reinforcing them. A balanced approach is necessary to ensure that public discourse remains informed and constructive, rather than reduced to mere partisan rhetoric.
Richard Epstein evaluates President Biden’s three proposals for reforming the Supreme Court: A constitutional amendment, term limits for Justices, and a brand new code of ethics.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode