Law Talk with Epstein & Yoo #140: “Stale Emergencies”
It’s a Thanksgiving feast of legal analysis in the faculty lounge (don’t worry, the profs issue opinions on the best side dishes for your holiday meal), as Richard Epstein & John Yoo convene for their first post-election session. On the menu: Do any of President Trump’s legal challenges to the outcome of the election have a chance in court? Are attempts to get state legislatures to change their electoral votes constitutional? Would a president Joe Biden actually have the power to issue a national mask mandate? Will increasingly restrictive COVID rules at the state level withstand scrutiny by the courts? Was Justice Alito out of line to issue politically-charged remarks at the Federalist Society convention? And finally, the question of the hour: does President Trump have the power to pardon himself?