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.
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 ...
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...
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...
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 ...
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...
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...
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...
The men of Law Talk are getting Memorial Day weekend off to an early start with a spirited session in the faculty lounge. On the agenda: does a new Mississippi case mean Roe v. Wade is living on borrowed time? Does international law provide a remedy for a journalist’s imprisonment in Belarus? Or a potential lab leak in China? Will Florida get laughed out of court for attempting to regulate big tech on its own? And is the Supreme Court on the cusp of revolutionizing college sports? All that plus ...
There’s no spring break in the faculty lounge, as Professors Richard Epstein and John Yoo turn their attention to a bevy of cases before the Supreme Court. Will the justices strike down New York’s strict gun control laws? Can California force non-profits to disclose their donors? Will an angry high school cheerleader in Pennsylvania change the face of free speech jurisprudence? And has Justice Thomas signaled the beginning of a new era in tech regulation? All that plus a deep-dive on the push fo...
Professors Epstein and Yoo both have new digs, but they’re still bringing the same searing legal analysis. On this episode: can Democrats really unseat a Republican House member? What’s the fight about voting rights really about? Can accepting COVID stimulus money prevent states from cutting taxes? Is it time to revisit Supreme Court precedent on slander (John’s old boss thinks so)? All that plus we get a tour of the professors’ bookshelves, learn a little about Wyoming history, and answer a let...
There’s a party in the faculty lounge, as Professors Richard Epstein and John Yoo — along with long-suffering host Troy Senik — celebrate the 10th anniversary of the podcast. A few special guests drop by, but we still have time for all the legal issues of the day: the aftermath of the Trump impeachment, a Texas’ judge’s smackdown of Joe Biden’s immigration policy, efforts to stifle conservative outlets on cable news and social media, and the Supreme Court’s controversial decision not to deal wit...
This is a special announcement from John and Richard inviting our Law Talk with Epstein & Yoo listeners to join us on February 8th, 2021 at 1PM PT/4PM ET on Zoom for a discussion on the Constitutionality of impeaching a former president. They’ll be joined by National Review’s Andy McCarthy and Peter Robinson will be moderating. Go to Ricochet.com/LawTalk for details on how to view the event. See you there!
Pack a lunch because this is the longest session we’ve ever held in the faculty lounge. In the final Law Talk of the Trump Administration, we break down all the events of the last week: Congress’s attempt to stymie the tallying of the electoral vote, the role of the Vice President, whether President Trump should be removed from office, a seeming breakdown in the chain of command, and a reaction to the president’s attempt to pressure Georgia’s Secretary of State. Then it’s on to the incoming Bide...
The faculty lounge has reopened for its holiday party, but there’s still plenty of business to dispense with. On this final installment of 2020, Professors Richard Epstein and John Yoo are tackling a stocking full of issues: Does a suit from the Texas Attorney General stand any chance of being the Hail Mary that the Trump campaign needs? Can the courts rein in the Michael Flynn pardon? Who’s the least menacing candidate to be Joe Biden’s Attorney General? Does the Supreme Court’s smackdown of An...
It’s a Thanksgiving feast of legal analysis in the faculty lounge (don’t worry, the profs issue opinions on the best side dishes for your holiday meal), as Richard Epstein & John Yoo convene for their first post-election session. On the menu: Do any of President Trump’s legal challenges to the outcome of the election have a chance in court? Are attempts to get state legislatures to change their electoral votes constitutional? Would a president Joe Biden actually have the power to issue a nat...
It’s out of the frying pan and into the fire, as professors Richard Epstein and John Yoo take us from the just-concluded drama of the Amy Coney Barrett hearings to the just-emerging drama over the Supreme Court’s role in the 2020 election. Along the way they consider how seriously we should take the court-packing threat; whether super-precedents are actually a thing; if Roe v. Wade and the ACA are actually in danger with a Justice Barrett on the court; and what the newest Supreme Court justice's...
An emergency meeting has been called in the faculty lounge as professors Richard Epstein and John Yoo react to the death of Supreme Court Justice Ruth Bader Ginsburg, sharing their personal remembrances of the late justice and reflecting on her judicial legacy. Then, an analysis of what’s to come: Should the Senate steam ahead with confirmation (there’s a divide in the faculty lounge)? Which of the prospective nominees should President Trump choose? What are the odds that the GOP will once again...
In an August faculty lounge tradition, Professors Epstein & Yoo are taking listener questions — and it’s an eclectic bunch. Tune in as the professors debate everything from the limits of stare decisis to whether Barack Obama could be Vice President; from whether there should be more politicians on the Supreme Court to the legal problems with Dred Scott (yes, it involves Roman law); from the lack of intellectual diversity on college campuses to the radicalism in Seattle’s city government. All...
There’s a full docket in the faculty lounge as Professors Richard Epstein and John Yoo tackle the Roger Stone case and review the Supreme Court term that was: How did John Roberts justify taking both sides of the abortion regulations case within just a few years? Why does the Court get so many religious liberty cases these days — and is Antonin Scalia to blame? Has the pursuit of President Trump’s tax records seen SCOTUS open up a pandora’s box? And did the Court just give a huge chunk of Oklaho...
Summer school is starting early in the faculty lounge. On this episode, Professors Epstein and Yoo have a full agenda: Are Minnesota prosecutors setting themselves up for a fall in the Derek Chauvin case? Should the Supreme Court have taken a case that could have allowed it to pare back qualified immunity? What should we make of Justice Gorsuch’s surprising turn in the LGBT discrimination case? Or Chief Justice Roberts siding with the court’s liberals in subjecting California churches to strict ...
While everyone else is holding their graduation ceremonies on Zoom, professors Richard Epstein and John Yoo are still hard at work in the faculty lounge. On this installment: Is the end of the Michael Flynn case justice served or justice denied? Should sexual assault cases be tried on college campuses? Can the government stick the landing on the end of coronavirus lockdowns? Does the Supreme Court’s rejection of the Bridgegate convictions mean a free-for-all on government corruption? And is Pres...
With Professors Epstein and Yoo deemed essential workers, the faculty lounge reopens for another round of COVID-19 analysis. On this episode: Can President Trump override state efforts to keep economies shuttered? Are there limits to the intrusive restrictions being enacted by the nation’s governors? Do churches (or abortion clinics) get special treatment during shutdowns? How can the Chinese government be held to account for the spread of coronavirus? What was the right response to the USS Roos...
Fresh off of a scrubdown, the faculty lounge has reopened for a special all-coronavirus episode. On the agenda: Where do the emergency authorities of the White House — and the states — begin and end? Can authorities close down gun stores as an emergency measure? Should the feds drive production of emergency supplies? Did the Justice Department use the crisis for a power grab? And would digital surveillance to stop the spread of COVID-19 run afoul of the Fourth Amendment? Find out the answers to ...
Every other faculty lounge in America may be closed, but Professors Epstein and Yoo are still showing up to work. On this episode: what are the legal ramifications of the coronavirus? Can Catholic charities be excluded from providing adoption services because of their refusal to place children with same-sex couples? Is there any hope for President Trump’s libel lawsuits against the New York Times and Washington Post? Is encouraging an illegal immigrant to stay in the country a crime? Is the Supr...
It may be the winter session in the faculty lounge, but things are heating up as professors Richard Epstein and John Yoo clash on a number of today’s topics. On the docket: Was Mitt Romney justified in his impeachment vote? Is President Trump wrong to override the Justice Department on the Roger Stone case? Can states punish members of the Electoral College for defying the will of the voters? Can state and local governments resist the feds’ efforts to curb illegal immigration? And do the sign-st...
In a Law Talk first, Professors Richard Epstein & John Yoo and host Troy Senik are gathered in the same studio to kick off their tenth year of the podcast. On this episode: Can Congress rein in President Trump’s power to pursue military action against Iran? What was Nancy Pelosi trying to accomplish by withholding the articles of impeachment? Can the Justice Department compel Apple to create a backdoor on encrypted devices? And is Utah’s effort to rescind a personalized license plate a poten...
It’s the holiday season in the faculty lounge and the subpoenas are hung by the chimney with care. On this episode, Professors Epstein and Yoo do a deep dive into the strengths and weaknesses of the impeachment case, the shortcomings of the Inspector General’s report on the Russia investigation, and the greatest legal question of our time: can you impeach an ex-president? All that plus Richard breaks down the economics of Christmas, John calls for civil disobedience in the Berkeley food scene, a...
Impeachment is on the syllabus as the faculty lounge reopens its doors. In this episode: Does the Democrats’ pivot from ‘quid pro quo’ to ‘bribery’ add up? Has the first week of witnesses changed either professor's mind? And when exactly would a White House have the authority to hold up foreign aid? All that plus analysis of what’s most likely to compel the release of the Trump tax returns (hint: it’s not the case that looks headed for the Supreme Court) and the strange case of the Equal Rights ...
It’s a lively session in the faculty lounge as professors Richard Epstein and John Yoo parse the case for impeachment, and analyze some of the biggest cases coming before the Supreme Court: will a new lineup of justices change the Court’s approach to abortion regulation? Will a ruling about the Consumer Financial Protection Bureau deal a blow to the administrative state? Are gay and transgendered employees protected by the 1964 Civil Rights Act? All that plus a detour into antiquities law, a (pa...
