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

Law Talk With Epstein, Yoo & Cooke

The Civitas Institute at the University of Texas at Austin

Politics, News, History, Government

4.8 • 704 Ratings

🗓️ 14 October 2025

⏱️ 73 minutes

🔗️ Recording | iTunes | RSS

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Summary

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.

Transcript

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0:00.0	You may, I moved my camera so that you didn't tell me that I had looked like Darth Vader,
0:04.8	and you didn't notice.
0:05.8	I did notice, but I'm just too tactful to mention.
0:15.1	Welcome to Law Talk.
0:17.5	This episode will deal with upcoming cases that will be decided at the Supreme Court
0:25.1	in this term. I am Charles C.W. Cook. I am here, of course, with Richard Epstein and
0:34.0	with John U. This is a production of the Civitas Institute
0:37.8	at the University of Texas at Austin.
0:42.3	John, Richard, welcome to the show.
0:44.7	Good to be back again.
0:46.8	Hey, Charlie.
0:48.2	Yeah.
0:49.1	All right, let's get straight into it.
0:52.0	There are two cases that deal with sports. In particular, who can play on
1:02.0	what teams in sports? The first is West Virginia versus BPJ. And the question there is whether or not
1:10.0	states are prohibited either by Title IX or the
1:14.8	Equal Protection Clause within the Constitution from assigning students to girls and boys
1:21.4	sports team based on their biological sex as that biological sex was determined at birth.
1:28.3	The second case is Little V. Hickox, and that case deals with whether the equal protection clause,
1:35.3	so the same part of the Constitution within the 14th Amendment, requires participants within sports
1:43.3	to compete based on their biological sex,
1:46.8	as distinct from their gender identity.
	...

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