The Corner

Law & the Courts

An Empty SCOTUS Seat: Epstein & Yoo on Ginsburg, Barrett, the Hearings, and the Future of the Court

John Yoo is a professor at the University of California Berkeley School of Law and a visiting fellow at the Hoover Institution. Richard Epstein is a professor of law at NYU, a professor of law emeritus at the University of Chicago, and a fellow at the Hoover Institution. In this wide-ranging discussion, recorded the day after Amy Coney Barrett accepted President Trump’s nomination to the Supreme Court, the professors discuss Barrett’s qualifications and why it was correct and proper to nominate her now — five weeks before an election. They also provide, based on her writings on stare decisis (the legal principle of determining points in litigation according to precedent), insight on how Barrett may rule on some issues sure to be put to in front of the court in the near future, including abortion. Finally, Epstein and Yoo remember Ruth Bader Ginsburg, whom they both knew personally, and discuss her career, both as a jurist and as an activist.

Recorded on September 27, 2020

Peter Robinson — Peter M. Robinson is a research fellow at the Hoover Institution.

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