Law Talk With Epstein, Yoo & Cooke

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).

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 firms and the implications for the right to counsel and legal free speech. Later, they explore the administration’s aggressive tariff strategy under IEPA, and the deportation of an anti-Israel protester, Mahmoud Khalil, and the proposed federal oversight of Columbia University through a consent decree.

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.

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 of the Supreme Court.

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 controversy over executive power regarding Joe Biden: is the president overstepping the limits of his office with attacks on the Houthis in Yemen? Some senators think so. Finally, we stop off at the Supreme Court to examine the case that might upend the administrative state — and we also examine why former Supreme Court clerks are getting half-million dollar signing bonuses. All that, plus wisdom from Richard’s Uncle Albert, an In-N-Out update from John (would it be the California episode without it?), and a (mean-spirited and factually inaccurate) discussion of why Senik didn’t go to law school.

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 knuckle under to pressure to adopt a code of ethics? All that, plus we debate the finer points of ancient latin and do a quick tour of archaic American currency.