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—...
May 05, 2025•59 min
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...
Apr 11, 2025•56 min
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.
Jul 03, 2024•52 min•Ep. 175
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.
Jun 25, 2024•58 min•Ep. 174
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 immuni...
May 03, 2024•51 min•Ep. 173
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...
Mar 29, 2024•58 min•Ep. 172
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 they handle the recent Alabama IVF ruling that has the left-wing ...
Mar 01, 2024•59 min•Ep. 171
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 unique threat to the rule of law. Then we delve into a controvers...
Jan 26, 2024•1 hr 10 min•Ep. 170
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 unanimous decision. All that, plus the analysis you really care ...
Dec 01, 2023•51 min•Ep. 169
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) Epstein and Yoo collaboration? And should the Supreme Court knuckl...
Oct 19, 2023•1 hr 4 min•Ep. 168
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 greatest writers in the history of the Supreme Court? What’s it really ...
Sep 22, 2023•1 hr 11 min•Ep. 167
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 likely to take Trump down? What kinds of questions are raised by the...
Aug 16, 2023•1 hr 7 min•Ep. 166
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 latest in a long string of cases regarding how and whether free speech...
Jun 30, 2023•1 hr 3 min•Ep. 165
It’s graduation season in the faculty lounge, but Professors Richard Epstein and John Yoo are still hard at work. In this month’s installment: What does the Durham report say about the future of the FBI? Should Daniel Penny stand trial for the headlock that ended Jordan Neely’s life? What explains the bizarre alliances behind the Supreme Court’s decision to let California control how the nation’s pigs are raised? And can Baltimore really sue automakers for making cars too easy to steal? Plus Eps...
May 18, 2023•1 hr 2 min•Ep. 164
We’re breaking out birthday candles as one of the professors celebrates a milestone birthday. Once the festivities (which somehow devolve into a conversation about medical innovation) conclude, Professors Epstein and Yoo are on to the topics at hand: Was Fox News right to settle with Dominion? Does America need tougher defamation laws? Is Clarence Thomas’s relationship with Harlan Crow a troubling indiscretion on behalf of a Supreme Court justice or a case of activist journalism run amok? What w...
Apr 20, 2023•1 hr 9 min•Ep. 163
The indictment of Donald J. Trump was unsealed to an almost universally negative reaction—even those who want to see him behind bars. How likely is the case to be dropped before going to trial? What jurisdiction does the DA claim to have? To what standard should an indictment of a former president be held? And has Donald Trump forfeited his right to argue the justice system has been politicized?
Apr 05, 2023•42 min•Ep. 162
We may be nearing spring break, but Professors Richard Epstein and John Yoo are still focused on the campus. First, there’s the matter of President Biden’s student loan plan: will a Supreme Court challenge to the policy falter on standing grounds? And is the Court’s newfound skepticism towards executive power as cynical as the media suggests? Then, there’s the issue of reforming higher ed. What’s to be done with disruptive students like the ones who shut down a recent Federalist Society event at...
Mar 17, 2023•1 hr•Ep. 161
The faculty lounge reopens for a special Presidents’ Day session in which Professors Richard Epstein and John Yoo kick things off by revealing their picks for the most under- and overrated presidents. Then we’re on to current controversies: will a talkative juror foul the case against Donald Trump in Georgia? Why is Mike Pence employing a novel legal argument to avoid a subpoena in the DOJ’s investigation of the former president? And will Ron DeSantis’ attempt to overhaul American defamation law...
Feb 25, 2023•1 hr•Ep. 160
The faculty lounge has reopened for 2023 and Professors Richard Epstein and John Yoo are ringing in the new year in style. On the docket: What’s the potential fallout from President Biden’s mishandling of classified information? And how does it compare to former President Trump’s? What happens if the Supreme Court never gets to the bottom of the leak of the Dobbs opinion? Is there a sudden epidemic of incivility on the Court? And — the analysis you’re all really here for — will Alec Baldwin be c...
Jan 21, 2023•58 min•Ep. 159
The faculty lounge … is on the move. In this special installment of the Law Talk podcast, Professors Richard Epstein and John Yoo hold court before a live audience at the Federalist Society’s annual meeting in Washington D.C. On the docket: upcoming Supreme Court controversies. Does affirmative action hang in the balance? Does a case out of North Carolina have the potential to upend American democracy? Then, we open the floor for questions — and things get lively!
Nov 15, 2022•52 min•Ep. 158
The fall semester is under way in the faculty lounge as Professors Richard Epstein and John Yoo take us through the latest legal controversies. On the syllabus: The many twists and turns of the FBI’s investigation into Donald Trump — Was the raid justified? Can the president declassify documents at will? And what’s a special master anyway? Then, we turn to the Biden Administration’s plan to forgive college debt. Does the president really have the authority to make such sweeping policy unilateral...
Sep 06, 2022•1 hr 5 min•Ep. 157
In a special episode of Law Talk, professors Richard Epstein and John Yoo do a deep dive into Dobbs v. Jackson, the Supreme Court case overturning Roe v. Wade — and take listener questions while they’re at it. They analyze the logic of Justice Alito’s decision, the controversial concurrence of Clarence Thomas, the uncomfortable middle ground occupied by Chief Justice Roberts, and the blistering dissent from the Court’s liberal justices. Plus, what’s next: can Congress write Roe back into law — o...
Jun 27, 2022•1 hr•Ep. 156
Professors Richard Epstein and John Yoo come together for an emergency session in the faculty lounge, wherein they break down the consequences of the leaked Supreme Court abortion decision, the strengths and weaknesses of Justice Samuel Alito’s draft opinion, and what the decision could mean for the future of the Court and the country.
May 04, 2022•31 min•Ep. 155
The faculty lounge has been closed for repairs, and after a long absence the men of Law Talk are back with a super-sized episode. On the agenda: the rise of KBJ and the legacy of Justice Breyer; the fallout from the end of the mask mandate; the January 6 Commission’s new effort to hem in executive power; Florida tries to undo Disney World’s legal privileges; Justice Gorsuch sounds a controversial note over the treatment of American territories; and should the government give legal personhood to ...
Apr 25, 2022•1 hr 14 min•Ep. 154
The faculty lounge moves west, as Professors Richard Epstein and John Yoo both check in from sunny California (while resident cat-herder Troy Senik stays behind in frigid New York). On this installment: Did the Supreme Court’s parsing of the vaccine mandate pass muster? Have we figured out Justices Gorsuch, Kavanaugh, and Barrett yet? Can Donald Trump be held civilly liable for the January 6 riots? Did the Supreme Court sell the former president’s claims of executive privilege short? Is reformin...
Jan 22, 2022•1 hr•Ep. 153
It’s a festive year-end session in the faculty lounge, as Professors Richard Epstein and John Yoo dissect the latest drama before the Supreme Court. Is Roe v. Wade headed for annihilation? Is California’s attempt to use the logic of the Texas abortion law to go after guns the beginning of 50-state chaos? And speaking of firearms, is SCOTUS about to upend restrictive gun control laws in blue states? Then we leave the court behind for other legal controversies: why are lawsuits against opioid manu...
Dec 14, 2021•1 hr 1 min•Ep. 152
The faculty lounge is open for visitors as Professors Richard Epstein and John Yoo tackle the latest legal controversies: will the Supreme Court open the door to challenges to the controversial Texas abortion law? Can Donald Trump use executive privilege to keep the January 6 commission away from his White House records? Will Steve Bannon’s defiance of the commission lead to federal prosecution? Is congressional Democrats’ idea of a wealth tax unconstitutional? Is a woke controversy at Yale Law ...
Nov 03, 2021•1 hr 7 min•Ep. 151
Professors Richard Epstein and John Yoo are kicking off the fall semester with a bang, as they invite classroom participation in the form of questions from Law Talk listeners. On a wide-ranging episode, they cover the controversies over the Texas and Mississippi abortion laws, the crisis on the southern border, vaccine mandates, and a smattering of questions on everything from long-dead Supreme Court justices to the possibility of a new constitutional convention to revising the Declaration of In...
Sep 24, 2021•1 hr 1 min•Ep. 150
The faculty lounge has been closed for renovations, but Professors Richard Epstein and John Yoo are back to break down the biggest legal stories of the summer: What will come of the Biden Administration’s decision to defy the Supreme Court over the eviction moratorium? Who can (or can’t) mandate vaccines? Will a recent ruling from the Court buttress Republican states trying to change their voting laws? Is a Mississippi case the long-awaited culmination of the fight over Roe v. Wade? Why did anti...
Aug 10, 2021•1 hr 3 min•Ep. 149
Summer school is in full-swing in the faculty lounge, where Professors Richard Epstein and John Yoo are breaking down the latest from the Supreme Court: Is college sports about to be turned on its head? Was the Court right to side with a foul-mouthed Pennsylvania cheerleader? Was the Court’s decision about Catholic adoption services in Philadelphia a Pyrrhic victory for religious liberty? Is a ruling about farmworkers in California the ultimate vindication of Richard Epstein? Plus, are states wi...
Jun 24, 2021•58 min•Ep. 148
