The Libertarian Iran, Regime Change, and the War Powers Act
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Mar 4, 2026 
Richard Epstein, a legal scholar known for libertarian-leaning analysis, defends a U.S. strike on Iran as prudent preemptive self-defense. He discusses historical legal precedent for preemption and assesses Iran’s intentions and capabilities. He evaluates strategic effects, regional isolation, the War Powers Act and executive authority. He outlines what “victory” might look like while weighing escalation risks.
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Legal Case For Preemptive Strike
- Richard Epstein argues preemptive strikes can be lawful and prudent when an enemy seeks nuclear capability and is actively rearming.
- He cites Grotius and Dennis v. United States to justify striking before an imminent attack to avoid strategic disadvantage.
Intelligence Edge Makes Conflict One Sided
- Epstein believes U.S. and Israeli intelligence and spy networks create a lopsided advantage in a conflict with Iran.
- He expects Iranian forces to run short of weaponry and intelligence sources to flip, making the war one-sided.
Iraq 2003 Shows Quick Collapse Is Possible
- Epstein recalls Iraq 2003 predictions, noting John Mearsheimer correctly forecasted low U.S. casualties.
- He uses that example to show initial blows can collapse regimes quicker than expected.