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.
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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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.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Creed, Culture, and American Memory
Even immigrants who shared neither descent nor language nor culture nor religion could find a way to participate in the sense of America, not merely as an idea, but as a home, as a place where they could be “born again.”
The Constitution and the National Guard
This area of the law should be overhauled to better conform to the Constitution.
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