The Trouble With Tariffs

The Trouble With Tariffs

Author: The Civitas Institute at the University of Texas at Austin February 26, 2026 Duration: 1:08:18
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.

Tune in for a series of conversations that are as intellectually rigorous as they are genuinely entertaining. On Law Talk With Epstein, Yoo & Cooke, preeminent legal scholars Richard Epstein and John Yoo break down complex legislation and pivotal constitutional questions with a clarity and wit rarely found in discussions of the law. Guided by host Charles C. W. Cooke, their dialogues cut through the noise of daily headlines to examine the deeper historical and philosophical principles shaping current events. This isn't a dry lecture; it's a lively, often humorous exploration of how legal theory directly impacts the world of politics and government. Each episode feels like pulling up a chair to a fascinating discussion between brilliant minds, making nuanced topics accessible and compelling. Produced by The Civitas Institute at the University of Texas at Austin, the podcast offers listeners a unique blend of expert analysis, historical context, and spontaneous debate. You'll come away from each conversation not only better informed about the news of the day but with a richer understanding of the legal structures that underpin our society.
Author: Language: English Episodes: 72

Law Talk With Epstein, Yoo & Cooke
Podcast Episodes
Birthright, Free Speech, and War: Law Talk Live at UT Austin [not-audio_url] [/not-audio_url]

Duration: 54:11
In this episode of Law Talk Live—recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate some of the most contentious constitutional que…
Who's More Libertarian? Iran, Guns, and the Limits of Law [not-audio_url] [/not-audio_url]

Duration: 1:00:19
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, th…
Greenland, Guns, and Money [not-audio_url] [/not-audio_url]

Duration: 1:15:05
Can a U.S. president buy — or even invade — Greenland? Can he tear up treaties, fire a member of the Federal Reserve, and still stay within the Constitution? And who actually decides what “fairness” means in women’s spor…
Peak Trump: War, Antitrust, and Third Terms [not-audio_url] [/not-audio_url]

Duration: 1:00:33
Is the United States already at war with Venezuela—and if so, who authorized it? The Law Talk crew reconvenes for a wide-ranging debate over presidential war powers, congressional passivity, and how far modern practice h…
The Big Beautiful Originalism Debate [not-audio_url] [/not-audio_url]

Duration: 1:01:53
The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices c…
Supreme Court Preview: Sports, Speech, and Separation of Powers [not-audio_url] [/not-audio_url]

Duration: 1:12:36
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…
Trump v. Everyone: War on Drugs, War on Courts, War on the Fed [not-audio_url] [/not-audio_url]

Duration: 59:29
Richard Epstein, John Yoo, and host Charles C.W. Cook dive into Trump’s decision to blow up a Venezuelan drug boat (was it legal? was it war?), the Supreme Court’s green light for immigration profiling in Los Angeles, an…
The Great Birthright Citizen Debate [not-audio_url] [/not-audio_url]

Duration: 1:01:57
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,…
Less Sex, More Text: Law Talk's 2025 Supreme Court Recap [not-audio_url] [/not-audio_url]

Duration: 1:10:37
Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory. From nationwide injunctions and the scope of presidential power, to parental rights, transgende…