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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The Myth of Milliken
Shep Melnick evaluates Michelle Adams' new scholarly attempt to return Milliken v. Bradley and the story of Detroit school busing to the court of public opinion.
United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen
Why did the Court's federalism revolution go out with a whimper?
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