Civitas Outlook
Topic
Constitutionalism
Published on
April 29, 2026
Contributors
Charles C.W. Cooke
Richard Epstein
Episode
The Libertarian

A Turning Point For Section 2: SCOTUS Reins in the Voting Rights Act

About this episode

Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s latest Voting Rights Act decision, examining how the ruling in Louisiana v. Callais narrows the use of race in redistricting and marks a turning point in election law. Epstein argues that the Court has finally begun to rein in what he sees as decades of overreach, tracing the evolution of voting rights jurisprudence from the Civil Rights era to today and questioning whether majority-minority districts have outlived their original purpose. The conversation explores the legal foundations of racial gerrymandering, the unintended political consequences of engineered districts, and the broader implications for polarization, representation, and the future of redistricting in the United States.

All other episodes on

The Libertarian

Trump and Executive Power

Episode #2 of the The Libertarian with Richard Epstein, hosted by Charles C.W. Cooke.

EP2

Israel vs. New York Times

Episode 3 of The Libertarian with Richard Epstein and Charles C.W. Cooke.

EP3
Aug 7, 2025

Surf’s Up: Roman Law and Beach Houses

Episode 4 of The Libertarian with Richard Epstein and Charles C.W. Cooke

EP4
Aug 21, 2025

Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

Episode 5 of The Libertarian with Richard Epstein and Charles C.W. Cooke

EP5

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Constitutionalism

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners

Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Michael Toth
Constitutionalism
Sep 22, 2025
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott

Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

John Yoo
Constitutionalism
Sep 15, 2025
Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

Civitas Research Fellow Michael Toth's work was cited in a Supreme Court brief.‍

Michael Toth
Constitutionalism
Sep 11, 2025
Epstein & Yoo: Amicus Brief in Supreme Court of Maryland

Civitas Senior Research Fellows Richard Epstein and John Yoo, alongside the Mountain States Legal Foundation, filed an amicus brief in the Supreme Court of Maryland.

Richard Epstein, John Yoo
Constitutionalism
Jul 24, 2025
Birthright Citizenship Has a Long Historical Precedent

John Yoo
Constitutionalism
Apr 2, 2026
State Courts Can’t Run Foreign Policy

Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

John Yoo, Michael Toth
Constitutionalism
Feb 24, 2026
Supreme Court tariff ruling should end complaints that justices favor Trump

John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.

John Yoo
Constitutionalism
Feb 20, 2026
Supreme Court showdown exposes shaky case against birthright citizenship

Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.

Constitutionalism
Dec 10, 2025

The Libertarian

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

View all
** items

Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

View all
** items

The Myth of Birthright Citizenship with Richard A. Epstein

Constitutionalism
May 26, 2026
1:05

Former DOJ Official: 'This is a crazy idea'

Constitutionalism
May 11, 2026
1:05

The Rising Influence of Supreme Court Justice Clarence Thomas

Constitutionalism
May 7, 2026
1:05

Supreme Court Ruling Intensifies Nationwide Redistricting and Gerrymandering Battle

Constitutionalism
Apr 30, 2026
1:05

The Supreme Court is Returning the Law Back to the Original Vision

Constitutionalism
Apr 30, 2026
1:05
No items found.
The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality

Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.

Jeff Stier
Constitutionalism
Jun 10, 2026
How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Ryan Bangert
Constitutionalism
Jun 4, 2026
Scalia’s Revolution

We still live in Scalia's judicial universe.

Tal Fortgang
Constitutionalism
Jun 3, 2026
The Roberts Court Needs To Reboot The Machinery Of Death

The Roberts Court should reboot the machinery of death, and get the judiciary out of its interminable quagmire.

Josh Blackman
Constitutionalism
Jun 2, 2026
No items found.
No items found.
Join the newsletter

Get the Civitas Outlook daily digest, plus new research and events.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.