Law Talk With Epstein, Yoo & Cooke

Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara , the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark ; West Virginia v. BPJ , the transgender-athletes case addressing Title IX, equal protection, women’s sports, and feder...

In part one of our Supreme Court decisions coverage, Charles C. W. Cooke, Richard Epstein, and John Yoo break down the decisions handed down today, beginning with the Court’s treatment of presidential removal power in Trump v. Slaughter and Trump v. Cook (no relation) —the first apparently overruling Humphrey’s Executor for ordinary agencies, the second preserving a major carveout for the Federal...

The Supreme Court drops a bombshell voting-rights ruling , Richard Epstein declares the republic is heading for the rocks, John Yoo says everybody needs to calm down because politicians have always behaved terribly, and Charlie Cooke tries to referee the whole thing before the podcast devolves into anarchy. Along the way: racial gerrymandering, constitutional originalism, the mysterious “Republica...

In this episode of Law Talk Live —recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate  some of the most contentious constitutional questions of the moment. The panel examines the future of birthright citizenship in light of recent Supreme Court arguments, the tension between free speech and professional regulat...

John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, they tackle a major 2nd Amendment case testing whether drug use can justify a permanent gun ban—and whether courts or legislatures should draw that line. Finally, a heated clash over...

Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case.  They also explore who really controls tariff power under the Const...

Can a U.S. president buy — or even invade — Greenland? Can he tear up treaties, fire a member of the Federal Reserve, and still stay within the Constitution? And who actually decides what “fairness” means in women’s sports? In this wide-ranging  Law Talk  episode, Richard Epstein, John Yoo, and Charles C.W. Cooke debate Trump’s Greenland gambit, the limits of presidential war powers, treaty termin...

Is the United States already at war with Venezuela—and if so, who authorized it? The  Law Talk  crew reconvenes for a wide-ranging debate over presidential war powers, congressional passivity, and how far modern practice has drifted from constitutional text. The conversation then pivots to Netflix's attempt to buy Warner Bros antitrust and whether or not in these big mergers consumer welfare still...

The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It's a spirited, clear, and tightly argued c...

The Supreme Court’s new term is loaded with big questions and  Law Talk  is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump’s use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what’s at stake for t...

Richard Epstein, John Yoo, and host Charles C.W. Cook dive into Trump’s decision to blow up a Venezuelan drug boat (was it legal? was it war?), the Supreme Court’s green light for immigration profiling in Los Angeles, and the growing showdown between lower courts and SCOTUS. They finish with Trump trying to fire Fed governor Lisa Cook and ponder whether or not the president can take control of the...

Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship. Drawing on legal precedent, originalist interpretation, and Reconstruction-era history, the two scholars explore whether  Wong Kim Ark  was rightly decided, how “subject to the jurisdiction” should be understood, and what the policy imp...

Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory. From nationwide injunctions and the scope of presidential power, to parental rights, transgender medicine, and age verification laws, the trio dives deep into the constitutional, structural, and political implications of the Court’s major decisions and what it all means for...

What do Charles Barkley, the National Guard, and the Posse Comitatus Act have in common? In this episode, of Law Talk with Epstein & Yoo, Professors Richard Epstein and John Yoo, joined by Charles C.W. Cooke, dive into the legal chaos surrounding the use of federal troops during civil unrest, whether Gavin Newsom could be overruled by the president, and what exactly the Constitution says about...

Law Talk  returns and in this excursion,  Charles C.W. Cooke, Richard Epstein, and John Yoo tackle a grab bag of constitutional issues with their usual mix of legal scholarship and exasperation (typically with each other). First up: the state of Maine, apparently auditioning for a role in a dystopian novel, bans a legislator from speaking because her views on gender in sports offend the ruling par...

Welcome to the new and improved  Law Talk  podcast, featuring host Charles C.W. Cooke! He joins legal heavyweights Richard Epstein and John Yoo for yet another spirited discussion of the latest legal controversies. They begin with the Supreme Court’s recent ruling on the Trump administration’s use of the Alien Enemies Act to deport Venezuelan migrants, debating the constitutional limits of executi...

In this special edition of Law Talk with Epstein & Yoo, Richard Epstein and John Yoo are joined by National Review’s Charles C.W. Cooke to discuss the Supreme Court’s decisions concerning Donald Trump’s claim of presidential immunity in Trump v. United States, as well as Loper Bright Enterprises v. Raimondo, aka the Chevron case established in 1984.

Richard Epstein and John Yoo discuss the last two weeks of Supreme Court rulings covering challenges to Second, Fourteenth, and Sixteenth Amendments. They also preview the upcoming challenge to Chevron Deference and dive into disputes among the originalist thinkers on the court. Finally, they weigh in on criticisms of recent disclosures by Justice Thomas and future plans for a future Trump Adminis...

Richard and John respond to the clearing of student protests at major universities and judge their claims to the validity of their encampments. They also discuss the likelihood that the International Criminal Court issues arrest warrants for Israeli Prime Minister Netanyahu and whether President Biden will continue the pressure that his predecessor did on the court. Finally, they make predictions...

Richard and John get into it over Trump’s many trials, the likelihood that he’ll receive a fair one in New York City, and the windfall he appears to have received as Truth Social’s holding company goes public. They discuss the likelihood that John Eastman loses his license to practice law and they make predictions about the Supreme Court ruling on presidential immunity in Trump’s cases involving S...

The faculty lounge is invaded by a guest host who pits Richard and John against one another, starting with their differences in opinion over when the government should regulate social media companies. While they predict the same Supreme Court ruling, they disagree on what constitutes government involvement in key dominated industries. Next Richard and John point to the natural consequence of Dobbs...

It’s a lively session in the faculty lounge, as Professors Richard Epstein and John Yoo are both coming to us from California and … let’s just say that Richard seems to be enjoying life in the sun. First up, a guided tour through Donald Trump’s legal travails: the questions about whether he’ll be allowed on the ballot, the controversy over presidential immunity, and the debate over whether a secon...

The faculty lounge reopens for a holiday session and we start on a somber note as Professors Richard Epstein and John Yoo react to the breaking news of Justice Sandra Day O’Connor’s death. Then, we get their analysis on the latest in the Israel-Hamas war, consider whether the courts have gone too far in imposing gag orders on former President Trump, and take a look at a Supreme Court case on gun r...

It’s a jam-packed session in the faculty lounge as Professors Richard Epstein and John Yoo go around the horn for a comprehensive look at the issues of the day: What does “international law” mean in the context of the war in Gaza? Should student activists be punished for their support of Hamas? Will the Supreme Court rule on whether Donald Trump can be on the 2024 ballot? What upcoming SCOTUS case...

It’s an interactive session in the faculty lounge, as Professors Richard Epstein and John Yoo submit to the annual tradition of answering listener questions. There’s some serious legal analysis — can Donald Trump become president from behind bars? Can the 14th Amendment keep him off the ballot? What powers does Congress have to regulate abortion in the aftermath of the Dobbs case? But then we go t...