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Law Talk With Epstein, Yoo & Cooke

Birthright, Free Speech, and War: Law Talk Live at UT Austin

Law Talk With Epstein, Yoo & Cooke

The Civitas Institute at the University of Texas at Austin

Politics, News, History, Government

4.8704 Ratings

🗓️ 22 April 2026

⏱️ 54 minutes

🧾️ Download transcript

Summary

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 questions of the moment. The panel examines the future of birthright citizenship in light of recent Supreme Court arguments, the tension between free speech and professional regulation in a major First Amendment case, and the legal and moral framework governing modern warfare, including what counts as a war crime. Blending sharp disagreement, historical insight, and a dose of humor, the conversation explores how precedent, originalism, and real-world pressures collide when the Constitution is pushed to its limits.

Transcript

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0:00.0

All right, well, welcome to Law Talk live.

0:11.5

It's the first one we've ever done live.

0:13.4

And the first time that I've ever got to play Chief Justice by sitting up here in the middle.

0:19.8

Now, I may not be a professor. and you're right. I may not even

0:22.6

have a law degree, but I am today Chief Justice Richard, so just remember that when we're

0:26.8

arguing. This is a production of the Civitas Institute, the University of Texas at Austin.

0:35.0

I'm Charles C.W. Cook, and I'm here with John U. and with Richard Epstein.

0:40.1

Of course. All right. Our first topic will be birthright citizenship. Now, we have talked about

0:46.0

this on a previous edition of Law Talk, but since we did, we had oral arguments in the Supreme Court.

0:54.8

Richard, I'm going to start with you.

0:57.3

You have a book, I think, coming out on this topic.

1:01.8

So I want to know how you thought, from your perspective, the oral arguments went,

1:07.7

and if you're hopeful that the justices will line up with the case you make in your book.

1:12.4

Well, when I started the arguments, I began to weep. And when I ended the arguments, I continued

1:17.5

to weep. The question is, why is it that I was in such state of sadness on the outcome? I think

1:23.7

it's quite likely that the birthright claim will be upheld with respect to people

1:27.6

washing up on our source quite literally.

1:30.3

I actually think there's going to be a much closer boat, not sure which way the out will come,

1:34.8

with birthright tourism and the idea that people come from, say, Japan, go to Guam,

1:40.4

get their child citizenship, and go back home.

1:43.2

I think those cases troubled us pretty much more.

1:46.0

The substantive reasons why it is that I believe that this is that tragedy

...

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