Civitas Outlook
Topic
Politics
Published on
February 26, 2026
Contributors
Richard Epstein
John Yoo
Charles C.W. Cooke
Episode 9
Law Talk

The Trouble With Tariffs

About this episode

Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case. They also explore who really controls tariff power under the Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.

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

Supreme Court Preview: Sports, Speech, and Separation of Powers

Charles C.W. Cooke, John Yoo, and Richard Epstein discuss the new Supreme Court docket and what it means for the country.

EP
Oct 14, 2025

The Big Beautiful Originalism Debate

The long-awaited originalism debate is finally here!

EP
Nov 20, 2025

Join the newsletter

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

Sign up
More on

Politics

National Civitas Institute Poll: Americans are Anxious and Frustrated, Creating a Challenging Environment for Leaders

The poll reveals a deeply pessimistic American electorate, with a majority convinced the nation is on the wrong track.

Politics
Feb 19, 2026
Liberal Democracy Reexamined: Leo Strauss on Alexis de Tocqueville

This article explores Leo Strauss’s thoughts on Alexis de Tocqueville in his 1954 “Natural Right” course transcript.

Raúl Rodríguez
Politics
Feb 25, 2025
Long Distance Migration as a Two-Step Sorting Process: The Resettlement of Californians in Texas

Here we press the question of whether the well-documented stream of migrants relocating from California to Texas has been sufficient to alter the political complexion of the destination state.

James Gimpel, Daron Shaw
Politics
Feb 6, 2025
Who's That Knocking? A Study of the Strategic Choices Facing Large-Scale Grassroots Canvassing Efforts

Although there is a consensus that personalized forms of campaign outreach are more likely to be effective at either mobilizing or even persuading voters, there remains uncertainty about how campaigns should implement get-out-the-vote (GOTV) programs, especially at a truly expansive scale.

Grant Ferguson, James Gimpel, Mark Owens, Daron Shaw
Politics
Dec 13, 2024
Iran War Exposes Weakness of California’s ‘Green’ Dependence on Foreign Oil

Joel Kotkin
Politics
Apr 18, 2026
Yes, President Trump Can Withdraw from NATO

John Yoo
Politics
Apr 17, 2026
America is the new Rome

Joel Kotkin
Politics
Apr 11, 2026
Activist local governments should not be regulators of energy markets

John Yoo, Michael Toth
Politics
Apr 7, 2026

The Three Whiskey Happy Hour

Steven Hayward brings you the Power Line Blog's perspective on the week's big headlines.

View all
** items

All federal law enforcement agencies must answer to the president: Former deputy assistant AG

Politics
Apr 16, 2026
1:05

‘NO RIGHT to block passage’: John Yoo on Strait of Hormuz Dispute

Politics
Apr 10, 2026
1:05

John Yoo on DOJ fraud division and political weaponization

Politics
Apr 7, 2026
1:05

DHS Shutdown Enters Day 41 as TSA Agents Pushed to Financial Breaking Point

Politics
Mar 26, 2026
1:05

US citizen takes over Mexican drug cartel, sparking legal debate

Politics
Mar 20, 2026
1:05
No items found.
Antisemitism and the American Right

The future of the American experiment is at stake.

Melissa Langsam Braunstein
Politics
Apr 14, 2026
The Logic of Pressing for Change in Cuba Now

How can the Trump Administration effect political change that satisfies the United States while appearing organic rather than dictated by Washington?

Ryan C. Berg
Politics
Apr 8, 2026
Another Reason for Regime Change: Iran’s Flagrant Assault on the Rules of War

The rules of war are not complicated. Militaries may strike military targets. Militaries may not deliberately target civilians or threaten the commerce of neutral nations.

John Yoo
Politics
Apr 3, 2026
The Iran War and the Future of the American Right

Politics in America is never settled, and the shape and depth of the conservative movement, and its influence on the GOP, is no exception.

Thomas D. Howes
Politics
Apr 3, 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.