Law Talk With Epstein, Yoo & Cooke

The Supreme Court’s Grand Finale: Birthright Citizenship, Women’s Sports, and Campaign Finance 02.07.2026 59min

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 federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.

SCOTUS Decision Day, Part 1: Geofencing, Mail Ballots, and the Administrative State 29.06.2026 52min

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 Reserve. They also debate Chatrie v. United States, a Fourth Amendment case involving law enforcement’s use of geofencing warrants and cellphone location data, and close with Watson v. Republican National Committee, in which Justice Amy Coney Barrett held that states may count mail-in ballots received after Election Day unless Congress clearly says otherwise. Along the way, the hosts argue over the administrative state, judicial independence, election integrity, and whether the Roberts Court is as predictable—or as partisan—as its critics claim. Part two will be on Thursday, with a decision expected on (cue dramatic music)...birthright citizenship!

Into the Gerrymandering and Slush Fund Legal Thunder Dome 27.05.2026 59min

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 “Republican Form of Government Clause,” whether Trump can legally settle a lawsuit with… himself, and why both parties suddenly love slush funds when they’re the ones holding the hose. It’s a cheerful little conversation about whether America’s political system is fundamentally broken — and whose fault it is.

Birthright, Free Speech, and War: Law Talk Live at UT Austin 22.04.2026 54min

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 regulation in a major First Amendment case, and the legal and moral framework governing modern warfare, including what counts as a war crime. Blending sharp disagreement, historical insight, and a dose of humor, the conversation explores how precedent, originalism, and real-world pressures collide when the Constitution is pushed to its limits.

Who's More Libertarian? Iran, Guns, and the Limits of Law 20.03.2026 1godz

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 parental rights, the Constitution, and California’s school policies raises a deeper question: where do these rights actually come from?

The Trouble With Tariffs 26.02.2026 1godz 8min

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 Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.

Greenland, Guns, and Money 22.01.2026 1godz 15min

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 termination, NATO, transgender athletes and Title IX, Hawaii’s attempt to criminalize gun carry on private property, and whether the Supreme Court is about to blink when it comes to the independence of the Federal Reserve.Then, what starts out as a theoretical discussion quickly turns into a no-holds-barred debate about the unitary executive, impeachment, property rights, constitutional “prescription,” and whether modern government is compatible with the Constitution as written. Buckle up.

Peak Trump: War, Antitrust, and Third Terms 20.12.2025 1godz

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 matters at all. The episode closes with a sharp examination of the most feverish legal question of the moment: could a president really serve a third term—or is that pure constitutional fantasy?

The Big Beautiful Originalism Debate 20.11.2025 1godz 1min

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 conversation about how the Constitution should function today.

Supreme Court Preview: Sports, Speech, and Separation of Powers 14.10.2025 1godz 12min

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 the Court — and for the country.

Trump v. Everyone: War on Drugs, War on Courts, War on the Fed 12.09.2025 59min

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 Federal Reserve.

The Great Birthright Citizen Debate 11.08.2025 1godz 1min

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 implications are for modern immigration.

Less Sex, More Text: Law Talk's 2025 Supreme Court Recap 08.07.2025 1godz 10min

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 American governance.

Insurrections, The Militia Cause, and Getting Dunked on By Charles Barkley 13.06.2025 1godz 2min

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 militias, insurrections, and executive power. They also weigh in on birthright citizenship, Supreme Court politics, and a game of HORSE on the Supreme Court basketball court (yes, it has one).

Does AI Dream of Constitutional Rights? 05.05.2025 58min

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 party. Epstein and Yoo are, unsurprisingly, not impressed. Then it’s on to Trump’s latest target—Harvard—where he wants to yank their tax-exempt status for what he sees as race-based admissions sins. Yoo says, “Hey, Bob Jones University got smacked for less,” while Epstein warns that burning down universities to own the libs might be a bit much. Things get even spicier with the arrest of a Wisconsin judge who allegedly helped an illegal immigrant sneak out the back door—Yoo and Epstein agree it’s legally justified, but question whether perp-walking a judge was really necessary. Finally, the gang ponders whether chatbots have First Amendment rights, with the consensus being: no, and let’s hope the robots don’t hear us say that.

Law Talk 2.0 11.04.2025 56min

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 executive power and the justiciability of national emergencies. They then tackle Trump’s lawsuits against law firms and the implications for the right to counsel and legal free speech. Later, they explore the administration’s aggressive tariff strategy under IEPA, and the deportation of an anti-Israel protester, Mahmoud Khalil, and the proposed federal oversight of Columbia University through a consent decree.

Immunity Idols and Chevrons 03.07.2024 52min

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.

Tips For Everyone: A Supreme Court Roundabout 25.06.2024 57min

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 Administration from groups like Project 2025.

The Professors Strike Back: The 1st Amendment on Campus, ICC's Overreach, and Presidential Immunity 03.05.2024 50min

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 about the Supreme Court’s upcoming ruling on Trump’s insistence that presidents have absolute immunity – during and after their terms.

Trump Trials and Tribulations 29.03.2024 58min

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 Special Prosecutor Jack Smith. Finally, they preview a climate change case that could end up in front of the Supreme Court.