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.
Episodes
December 20, 2025 • 60 mins
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 w...
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November 20, 2025 • 61 mins
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 Constitut...
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October 14, 2025 • 72 mins
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.
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September 12, 2025 • 59 mins
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.
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August 11, 2025 • 61 mins
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.
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July 8, 2025 • 70 mins
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.
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June 13, 2025 • 62 mins
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 execu...
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May 5, 2025 • 58 mins
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, unsurprisin...
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April 10, 2025 • 56 mins
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 na...
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July 3, 2024 • 52 mins
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.
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June 24, 2024 • 57 mins
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 20...
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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 ...
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March 29, 2024 • 58 mins
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. Final...
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March 1, 2024 • 59 mins
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 on the nation’s abortion laws, as ...
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January 25, 2024 • 70 mins
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 second Trump Administration will pose a ...
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December 1, 2023 • 50 mins
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 rights … that just might result in a...
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October 18, 2023 • 63 mins
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 inspired the first (non-podcast) E...
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September 22, 2023 • 71 mins
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 to the deep cuts: Who are the greate...
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August 16, 2023 • 67 mins
Is Donald Trump toast? Are the walls closing in on Hunter Biden? Those are questions that can’t adequately be answered by two minutes of cable news. Luckily, Professors Richard Epstein and John Yoo are here with one of the all-time deep-dive Law Talk episodes: a thorough look at the cases facing Donald Trump in Georgia, Florida, D.C., and Manhattan as well as the increasingly inscrutable case of Hunter Biden. Which case is most lik...
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June 30, 2023 • 63 mins
The Supreme Court ended its most recent term with a bang, and that’s also how Professors Richard Epstein and John Yoo are starting this review of the biggest decisions. There’s a split in the faculty lounge over the wisdom of the Court’s affirmative action ruling and we’ll let you decide who gets the better of the argument. Then we move on to the Court’s smackdown of the Biden Administration’s student loan relief plan and the lates...
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