Civitas Outlook
Topic
Constitutionalism
Published on
May 5, 2025
Contributors
John Yoo
Richard Epstein
Charles C.W. Cooke
Episode 2
Law Talk

Law Talk: Does AI Dream of Constitutional Rights?

About this episode

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—where he wants to yank their tax-exempt status for what he sees as race-based admissions sins. Yoo says, “Hey, Bob Jones University got smacked for less,” while Epstein warns that burning down universities to own the libs might be a bit much. Things get even spicier with the arrest of a Wisconsin judge who allegedly helped an illegal immigrant sneak out the back door—Yoo and Epstein agree it’s legally justified, but question whether perp-walking a judge was really necessary. Finally, the gang ponders whether chatbots have First Amendment rights, with the consensus being: no, and let’s hope the robots don’t hear us say that.

Listen at Ricochet

All other episodes on

Law Talk

Law Talk’s 2025 Supreme Court Recap

Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory.

EP
Jul 8, 2025

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

A new episode of Law Talk featuring Richard Epstein, John Yoo, and Charles C.W. Cooke.

EP
Sep 18, 2025

Law Talk: 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.

EP2
Aug 13, 2025

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
What’s Wrong with a Military Campaign Against the Drug Trade

Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.

John Yoo
Constitutionalism
Sep 24, 2025
The Long History of Presidential Discretion

The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.

John Yoo
Constitutionalism
Sep 19, 2025
Why Trump’s ‘Emergency’ Tariffs Won’t Fly

The trade deficit isn’t a sudden surprise, short in duration, and great in harm: the usual characteristics of an emergency.

John Yoo
Constitutionalism
Sep 2, 2025
Democracy in Britain: The Lords’ Work

Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.

David L. Leal
Constitutionalism
Aug 6, 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

Epstein: Executive Power & Authoritarianism

Constitutionalism
Sep 17, 2025
1:05

Epstein: Tim Kaine’s Misunderstanding of Natural Rights

Constitutionalism
Sep 15, 2025
1:05

Why Postliberalism Is Gaining Ground: Phillip Muñoz on America’s Founding Values

Constitutionalism
Aug 7, 2025
1:05

Richard Epstein: The Constitution, Parental Rights, and More

Constitutionalism
Jul 7, 2025
1:05

Yuval Levin on How the Constitution Unified our Nation – and Could Again

Constitutionalism
Mar 27, 2025
1:05
No items found.
Trump Is Refighting The “War” That Congress and the Burger Court “Waged” Against President Nixon

An entire structure of government was created to constrain the executive. And the Roberts Court is now dismantling it.

Josh Blackman
Constitutionalism
Oct 1, 2025
The ACLU to the Supremes: Ignore Our Transgender Athletics Case

The ACLU retreats from its recent efforts to allow men to compete in women's sports.

Sarah Parshall Perry
Constitutionalism
Sep 24, 2025
Trump v. Kimmel

What would happen if there were no FCC to run this licensing system?

Richard Epstein
Constitutionalism
Sep 23, 2025
Congress Should Declare the FTC’s Rulemaking Authority

Can the FTC issue substantive rules regulating competition in the marketplace?

Aaron L. Nielson
Constitutionalism
Sep 22, 2025
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.