Law Talk With Epstein, Yoo & Cooke

Peak Trump: War, Antitrust, and Third Terms

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?

The Big Beautiful Originalism Debate

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 Constitution should function today.

Supreme Court Preview: Sports, Speech, and Separation of Powers

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.

Trump v. Everyone: War on Drugs, War on Courts, War on the Fed

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.

The Great Birthright Citizen Debate

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.