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Law Talk with Epstein, Yoo & Cooke
A lively (and often funny) look at legislation and constitutional jurisprudence by preeminent law professors Richard Epstein and John Yoo. The show is hosted by Charles C. W. Cooke. Law Talk is a podcast of the Civitas Institute at the University of Texas at Austin.
Hosted by Charles C. W. Cooke, John Yoo, and Richard Epstein
Episode length: 47m
Can the federal government ban you from making whiskey in your own home? Richard Epstein, John Yoo, and Charles C.W. Cooke tackle the constitutional limits of federal power, a double–Dan Sullivan ballot controversy in Alaska, and the blurry line between prediction markets and gambling. Then it’s on to a Supreme Court sidelined by recusals—and whether the justices need a bench of substitutes.
Episode length: 56m
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.
September 2026
Episode length: 51m
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.
August 2026
Episode length: 1h 14m
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.
Episode length: 1h 5m
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.
July 2026
Episode length: 1h 1m
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.
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.
June 2026
May 2026
Episode length: 1h
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.
April 2026
Episode length: 54m
March 2026
Episode length: 1h
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?
February 2026
Episode length: 1h 8m
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.
January 2026
Episode length: 1h 15m
December 2025
Episode length: 1h 1m
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?
November 2025
Episode length: 1h 2m
The long-awaited originalism debate is finally 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.
October 2025
Episode length: 1h 13m
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.
September 2025
Episode length: 59m
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.
August 2025
Episode length: 1h 2m
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.
July 2025
Episode length: 1h 11m
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.
June 2025
Episode length: 1h 3m
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).
May 2025
April 2025
July 2024
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, and its companion case, Relentless, Inc. v. Department of Commerce, aka the Chevron case established in 1984.
June 2024
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.
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