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?