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. 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.
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.
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.
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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
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.
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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.
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Congress, the President, and the Drug Boats
Lethargy in the legislature is no way to counter the executive's excess energy.
Just Follow the Law
By definition, no one can lawfully disobey the law. The problem, though, is that it can be difficult to know what the law requires, even for legal experts.
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