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Law Talk With Epstein, Yoo & Cooke

The Trouble With Tariffs

Law Talk With Epstein, Yoo & Cooke

The Civitas Institute at the University of Texas at Austin

Politics, News, History, Government

4.8704 Ratings

🗓️ 26 February 2026

⏱️ 68 minutes

🧾️ Download transcript

Summary

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.

Transcript

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0:00.0

Justice Epstein concurs with the judgment of Justice Gorsuch in part.

0:04.0

Only in part.

0:05.0

Except section 3.

0:07.0

Every opinion by Justice Epstein would be concurring in part and dissenting in part.

0:15.0

Welcome to Law Talk. I'm Charles C.W. Kirk. I'm here, of course, with Richard Epstein and with John

0:26.4

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

0:34.0

welcome to the show. Always good to be here. Hey, Charlie, how you doing in Florida?

0:38.0

Did you get two feet of snow like the rest of the East Coast? We did not, but it was 34 degrees last

0:43.7

night in North Florida. Oh my God. So we're all panicking. But not panicking over the tariff

0:49.7

decision, which came down last Friday. It had been a long time in the works.

0:56.0

That had led to speculation that one of two things was happening.

0:59.0

One, that the court was going to uphold Trump's IEPA tariffs.

1:04.0

That didn't happen.

1:05.0

Two, that there was a great deal of debate within the court, and indeed within the usual factions on the court.

1:15.0

That did happen, at least on the Republican-appointed side.

1:20.6

Where to start?

1:21.8

Let's start with the majority opinion, which, as many predicted, was penned by John Roberts.

1:32.0

John, you, why don't you start us off by telling us what the Roberts' opinion said on the merits?

1:40.6

This is why the Law Talk podcast exists, is so that you, the listener, don't have to read

1:46.8

170 pages about tariffs, that me, Richard, and Charlie can break it down.

1:52.8

And I think we're probably going to have very different perspectives on the opinion,

1:56.3

because I, as I was saying Richard, probably, too, I dissent in part, I concur in part.

...

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