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  3. John Yoo

John Yoo

John Yoo is a senior research fellow at the Civitas Institute, and a distinguished visiting professor at the School of Civic Leadership at the University of Texas at Austin. He is also the Emanuel Heller Professor of Law at the University of California at Berkeley where he supervises the Public Law and Policy Program among other programs at Berkeley Law. Concurrently, he is a nonresident senior fellow at the American Enterprise Institute.

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Series

3 Whisky Happy Hour•152 episodesLaw Talk with Epstein, Yoo & Cooke•72 episodes

Recent Episodes

Oct 9
October 9, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•October 9, 2026

Supreme Court Preview: Oil, Arms, and Religious Liberty

Can the city of Boulder set climate policy for the world? Can Colorado make Catholic preschools choose between their faith and public funding? And can a six-pack of beer cost you an airplane? Richard Epstein and John Yoo join Charles C. W. Cooke to preview the Supreme Court’s coming term, tackling climate lawsuits, religious liberty, AR-15 bans, and the Eighth Amendment—with plenty of constitutional sparring and a surprising amount of agreement.
Organization
Civitas Institute at the University of Texas at Austin

September 2026

Sep 28
September 28, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•September 28, 2026

Smile for the Camera and Surrender Your Press Pass

Can the government track your car, can the president show reporters the door, and can you blame a chatbot for someone’s crimes? Charles C. W. Cooke, Richard Epstein, and John Yoo tackle Flock surveillance cameras and the Fourth Amendment, the fight over White House press access, and the limits of AI liability—before taking on Meta’s social media settlement and asking when settling a lawsuit became a license to write everyone else’s rules.
Organization
Civitas Institute at the University of Texas at Austin
Sep 25
September 25, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•September 25, 2026

The Three Whisky Happy Hour: What the Hell Is This?

We don't know how to describe this episode. We start out by looking over the forthcomong docket of cases for the new term of the Supreme Court that begins next week, but then John Yoo, back from playing hookie last week, drops in a mischievous question about the "theological-political question," and proved anew that Pavlov's theory still works, as Lucretia and Steve bit, hook, line, and sinker, as the story goes. But the gang also goes on to the juicy media and higher education stories of the week, including the latest embarrasment of Nicole Hannah-Jones discovering that New York's public schools are really bad, and how Cambridge University predictably wimped out on the promised "investigation" of the Jason Arday scandal. This, and Steve's latest short-form book review, and much more!
Organization
Ricochet
Sep 11
September 11, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•September 11, 2026

25 Years On

This week's episode is 100% ad-free, as we take up the somber subject of "memory against forgetting" (to borrow Milan Kundera's useful phrase) on the subject of the 25th anniversary of 9/11, and we didn't want to risk getting an automated ad for "Jihadis-R-Us Truck Rental" or something. John was at the Dept. of Justice that day (and late into the night); Steve was four blocks from the White House (and due to meet there at 11 am that morning), and Lucretia was overseas in Germany toward the end of her stint there as a military spouse (and mom to young children that she never once thought about strangling). In addition to personal reflections, we go through a few of the key issues that became urgent that day, such as the necessary transition from regarding terrorist acts as criminal matters to seeing them more properly as acts of war, requiring a war-fighting mentality. This necessary shift remains controversial, of course. John recalls this in detail in a piece for Civitas Outlook, "Remembering 9/11 and the War We Fought." Don't miss it! We also wonder about the strange twists and turns that have happened in the intervening years (such as having a radical Muslim mayor of New York City today—something unimaginable in the immediate aftermath of 9/11), and finally take up the question of whether we and our Western allies are finally, slowly coming to grips with the problem of radical Islam, or even non-radical Islam, taking some of our bearings from Ayaan Hirsi Ali's Tablet article, "What Mohammad Atta Was Trying to Tell Us." We manage to end on an upbeat note with a modest suggestion for how to reform "land acknowledgements."
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August 2026

Aug 29
August 29, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•August 29, 2026

The Three Whisky Happy Hour: Privateering Edition

The band is back together again this week as John Yoo ends his truancy, and we take up the fresh legal and constitutional disputes of the moment, starting with the Supreme Court's recent rulings about mail-in ballots and the Trump Administration's efforts to enlist the Postal Service on behalf of election integrity. From there we move on to the novel proposal to bring back prize courts and authorize old-fashioned "privateers" to capture Iranian shipping on the high seas and profit from their cargoes—something the United States hasn't done since around the time of Andrew Jackson (Trump's favorite president, perhaps not coincidentally). Then, on to the emerging controversy over Flock cameras, and whether we can trust the government not to abuse them or use them to spy on and harass us. This week's cameo appearance is from our favorite classicist Alex Priou, who joins us to discuss his terrifically cheeky recent essay, "How to Be an Elitist." And our listener question this week is: "Why does the president get to select the Chief Justice of the Supreme Court? Shouldn't that be up to the members of the Court? The president doesn't get to appoint the Speaker of the House, after all, and the language on this matter in the Constitution is incomplete or ambiguous." Hmmm.
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Ricochet
Aug 19
August 19, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•August 19, 2026

10 Commandments, a Ballroom, and Meta Get Their Day in Court

Charles C. W. Cooke, John Yoo, and Richard Epstein debate whether Meta can really be held responsible for the harms of social media, whether Texas can put the Ten Commandments in public school classrooms, and whether the enormous defamation judgments against Donald Trump can survive Supreme Court scrutiny. They conduct an intense debate over Trump’s White House ballroom, including questions of standing, congressional authority, private funding, and just how far a president can go in remaking the executive mansion. Across all four disputes, the conversation keeps returning to the same fault lines: runaway damages, judicial power, constitutional limits, and whether courts are applying the law—or inventing it.
Organization
Civitas Institute at the University of Texas at Austin
Aug 10
August 10, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•August 10, 2026

Trump’s Ballroom, Fauci’s Fifth & the Pardon Power

This week, the Law Talk crew tackles Trump’s White House ballroom fight, the latest battle over birthright citizenship, Anthony Fauci’s decision to plead the Fifth, and the controversial pardons issued by Joe Biden. They debate the limits of executive power, the authority of the courts and Congress, and whether America’s expansive presidential pardon power has finally gone too far.
Organization
Civitas Institute at the University of Texas at Austin
Aug 1
August 1, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•August 1, 2026

The Three Whisky Happy Hour: The Hiatus Is Over!

The hiatus for the rebooted 3WHH is over! We got the band back together, and to further paraphrase the political philosophy of the Ellwood brothers: It's 70 minutes to the end of this podcast, we've got a full glass of whisky, half a pack of cigarettes, it's dark, and we're wearing sunglasses. Just like Anthony Fauci in his glam cover shot for In Style magazine back in 2021. Most of our changes are cosmetic, and it's still a work-in-progress. Still, the two main new features on display this week are a short "cameo" appearance from a slate of contributors we're signing up, and responding to the best reader/listener question. This week's cameo is from Alex Priou of the University of Austin, who has some definite opinions about The Odyssey. Two main topics are on our mind this week: the mendacious Dr. Fauci, and what pathways for legal redress might still be open despite President Biden's pardon.
Guest:
•APAlex Priou
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Ricochet

July 2026

Jul 27
July 27, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•July 27, 2026

Bibi, Beer, and Mount Rushmore

Can a U.S. mayor enforce an International Criminal Court warrant? Has President Trump found a new legal path to tariffs after earlier setbacks? And can the government really seize a $95,000 airplane over a six-pack of beer? Richard Epstein, John Yoo, and Charles C. W. Cooke unpack these legal controversies before closing with a spirited debate over which Supreme Court justices deserve a place on the judicial Mount Rushmore.
Organization
Civitas Institute at the University of Texas at Austin
Jul 2
July 2, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•July 2, 2026

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

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.
Organization
Civitas Institute at the University of Texas at Austin

June 2026

Jun 30
June 30, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•June 30, 2026

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

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!
Organization
Civitas Institute at the University of Texas at Austin
Jun 20
June 20, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•June 20, 2026

The Three Whisky Happy Hour: Hot Apple Pie Surveillance Edition

This epicly (is "epicly" a real word?) gonzo episode finds Steve still somewhere in the middle of the storm-tossed north Pacific Ocean, while John and Lucretia hold down the fort from various locales back on dry land. But who else can knit together the return of McDonald's hot apple pies with Elon Musk's hot SpaceX IPO, hot Apple i- devices and their security issues, hot section 702 renewal, hot rulings from the Supreme Court, and the need to take all of these in sections. Speaking of taking things in sections, we do our best to break down the Trump-Iran MOU, though our thoughts may be obsolete by the time these pixels reach your screen, since news overnight suggests the interim terms of the MOU are already being violated, turning the whole scene into chaos. But our collective judgment is that the critics are being a bit premature, and that there are good reasons for taking a wait-and-see attitude. As someone likes to say, we'll just have to see what happens, as it is far from clear that the MOU is Obama-lite. Meanwhile, since today is Juneteenth, don't miss Lucretia's modest proposal for how the liberation of slaves in 1865 should be commemorated, over at Civitas Outlook. (Since Steve is producing and posting this episode from the middle of the ocean, we're making it an ad-free edition, since the geography-based auto-ad placement might post up some truly bizarre ads. Enjoy!)
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Ricochet
Jun 12
June 12, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•June 12, 2026

The Three Whisky Happy Hour: Channeling Admiral Ackbar? (It’s a Trap!)

This week's episode, which finds Steve over in Japan but still with a hoarse voice, ranges widely from exonerating John Yoo from being implicated in a major whiskey heist, to what the prodigious drinking habits of the Founding Fathers has to say about constitutional law today. Justice Neil Gorsuch reminds us that “John Adams took a tankard of hard cider with his breakfast every day. James Madison reportedly drank a pint of whiskey every day. Thomas Jefferson said he wasn’t much of a user of alcohol—he only had three or four glasses of wine a night.” Ah, the great ones. Speaking of the Founders, we make a nod to the tragic passing of Gordon Wood, and naturally manage to get into an argument about history and historians. But the central topic of today is considering John's foray into grand strategy in his Civitas Outlook article this week on "America Doesn't Need to Fear a 'Thucydides Trap,'" and while Admiral Ackbar needed to fear a trap, John doesn't think so. But what was Chinese premier Xi trying to do in bringing up the subject in a public session at the recent summit with Trump? One doesn't imagine Trump being a reader of Thucydides, though one can easily see him liking the outcome of the Melian debate. In fact, maybe that's what he's up to with Iran? Who can tell?
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Jun 6
June 6, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•June 6, 2026

The Three Whisky Happy Hour: Jet Lag Edition

So your three bartenders are back from overseas, but still a bit jet-lagged and struggling to keep up with the news. Was it a good week? The firing of Scott Pelley is certainly good news, as are the initial results of the California primary, where the energy and enthusiasm are clearly on the side of the outsider insurgent candidates. (Knock on wood: let's see how the "vote counting" goes over the next several weeks in the "incompetent" Golden State.) Not such a good week for John Bolton, nor for aesthetic sensibility, if the Obama library is any indication. Why does the left prefer brutalist ugliness? We have our suspicions. . . We do our longer dive this week into some meta-narratives about the Supreme Court, inspired by Paul Moreno's terrific Law & Liberty article, "Save the Last Branch for Me." It's a new day indeed. We also get in our licks at woke British policing, Star Trek, and the 1979 Book of Common Prayer, which has some rather uncommon Eucharistic forms. Oh, also McDonald's news, just to keep John Happy and well-fed.
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Jun 5
June 5, 2026The Ricochet Podcast
The Ricochet PodcastRicochet•June 5, 2026

A Law Unto Yooself

John Yoo returns to usher in SCOTUS opinion season, joining James and Steve for some friendly debates on law, politics and, most controversially, a few matters of taste. For our democrats in the audience, we've got chatter on California vote counting and Alabama map battles. News from the UK reminds us that the royalists are in even worse shape, as authorities there prove to be as confused in dealing with controversial speech as they are with violence (the real kind). John Bolton's deal with the DOJ and a couple of death penalty cases concentrate the fellas' minds further on the subtleties, and unsubtleties, of hard justice. Thankfully, Scott Pelley's bad week brings a much-needed restorative laugh, and the gang finds something to agree on as they count down to the semiquincentennial. That's right: not even petty celebrities can rain on our Independence Day parade! Sound this week: CBS Evening News anchor Tony Dokoupil says goodbye to Scott Pelley while Fox News’ Brit Hume finds it all amusing.
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May 2026

May 27
May 27, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•May 27, 2026

Into the Gerrymandering and Slush Fund Legal Thunder Dome

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.
Organization
Civitas Institute at the University of Texas at Austin
May 17
May 17, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•May 17, 2026

The Three Whisky Happy Hour: Gonzo Hybrid-Reboot Edition

We've had some gonzo episodes before, and a couple of trainwrecks, but this is the first-ever episode that is actually two episodes edited together, with sequence changes, new sound effects, canned insults from John, etc. I explained in a Substack post our technical difficulties that arose in the livestream, and here is the fix. Let us know what you think! In fits and starts we do cover some breaking legal developments, whether Israel has any hope of a libal action against the New York Times (which richly deserves it), the surprising statesmanlike bearing of President Trump, some surprising remarks on anti-Semitism from T.S. Eliot, and more. So here we go!
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April 2026

Apr 22
April 22, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•April 22, 2026

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

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.
Organization
Civitas Institute at the University of Texas at Austin
Apr 11
April 11, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•April 11, 2026

The Three Whisky Happy Hour: Live from Tulsa!

This week the 3WHH podcast "went mobile people!", venturing to the University of Tulsa's College of Law for a live-taping before an enthusiastic audience of law students, faculty, and some loyal listeners. We departed slightly from our usual format, and focused on a single subject: the Declaration of Independence at 250. John Yoo decided to be more obstreperous than usual with his utilitarian-positivist-pragmatism, but it made for a highly entertaining episode. We had a wonderful time visiting Tulsa. Don't miss the YouTube version of the episode, which includes the "pre-game" introduction (not included in this audio episode) wherein Steve performed (an allegedy cheesy) magic trick illustrating the breakdown of the separation of powers. And needless to say, exit music is "Ten Miles to Tulsa." We can't wait to go back. And here's the video if you prefer to watch rather than listen:
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Apr 3
April 3, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•April 3, 2026

The Three Whisky Happy Hour: From Birthright Religion to ‘Lockistotle’

Notre Dame's Tocqueville professor of political science, Vincent Phillip Munoz (Phil to his freinds and colleagues), joins this special episode which finds all three of your regular bartenders in the same room for once while on the road in Austin, Texas. Phil is one of the leading scholars of religious liberty in the U.S., and after a progress report on the Iran War (we're still winning), and a prolonged look at the Supreme Court oral arguments in Trump v. Barbara, the birthright citizenship case heard this week, we pick Phil's brain about the status of school prayer, and whether a restoration of organized prayer in public schools has a prayer of happening, taking as our cue Gerry Bradley's recent and provocative First Things article, "How To Bring Back School Prayer." From there we briefly (but alas because we were out of sufficient time) but inadequately treat Phil's terrifically concise CRB essay "Ancient and Modern: How Straussians Interpret the Founding," mostly to annoy John Yoo—and we succeeded!
Guest:
•Vincent Phillip Munoz
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March 2026

Mar 28
March 28, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•March 28, 2026

The Three Whisky Happy Hour: Send the TSA to Iran?

Be afraid, be very afraid, as this livestreamed edition of the 3WHH featured special effects for the first time. Steve has a new toy—a soundboard that comes with the classic sound effects. These turn out to be quite useful when pondering where the Iran War stands, why the deal to end the DHS shutdown was so confusing and ulimately collapsed, what the "pursuit of happiness" means in the Declaration of Independence (one clue: happiness is contending with John's never-ending intransigence about all things metaphysical), why the closing of the 'Liberal Patriot' Substack is an ominous sign for the old-fashioned reform liberal tradition. Also, we give away the secret of the Straussian cheeseburger, which, to pararphrase Professor Strauss, makes the Big Arch look like an idiot childburger.
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Mar 21
March 21, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•March 21, 2026

The Three Whisky Happy Hour: Shots Fired—Winning Here, Losing There

This week we raise the Jolly Roger against an imitator podcast that is intruding on the 3WHH's exclusive right of commentary on all things McDonald's, but then we move on to our own balance sheet about the Iran War (verdict—we're winning big, and Trump is killing it), and the saga of the SAVE Act in the Senate, where opinion divides more sharply among the three of us. Here we land the blame squarely on GOP Senate leader John Thune, and did you know that "thune" is a slang French expression for for money, though it is often used with a modifier to indicate the lack thereof, like "sans thune." Seems fitting for a GOP Senate that can't figure out how to fight. The exit music this week is an obscure callback. . . I doubt one person in 1,000 will get it.
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Mar 20
March 20, 2026Law Talk with Epstein, Yoo & Cooke
Law Talk with Epstein, Yoo & CookeCivitas Institute at the University of Texas at Austin•March 20, 2026

Who’s More Libertarian? Iran, Guns, and the Limits of Law

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?
Organization
Civitas Institute at the University of Texas at Austin
Mar 14
March 14, 20263 Whisky Happy Hour
3 Whisky Happy HourRicochet•March 14, 2026

The Three Whisky Happy Hour: Int’l Law and Lawlessness at Home

To paraphrase—awkwardly—that 70s-era lyric, "International Law! What Is It Good For? Absolutely. Nothing! Good God!" Lucretia host's this week's episode, which combines her skepticism of international law, especially as it relates to our current military operations against Iran, along with her impatience with our willful refusal to take radical Islam seriously, now that Islam-inspired violence in the U.S. is now a daily occurence. The first topic was inspired by John Yoo's latest article on the subject; the latter subject inspired by the news headlines, needless to say. Oh, we also make the case briefly for invading Iceland. It has to do with hamburgers. Also there are dogs.
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