Law Talk with Epstein, Yoo & Cooke The Supreme Court’s Grand Finale: Birthright Citizenship, Women’s Sports, and Campaign Finance
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Jul 2, 2026 
Richard Epstein, legal scholar noted for constitutional history and libertarian analysis, and John Yoo, originalist law professor focused on executive power, break down three Supreme Court rulings. They tackle birthright citizenship and originalism, transgender athletes and Title IX plus federalism, and campaign finance limits and the future of party spending. Each topic is discussed in short, sharp exchanges.
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Court Keeps Birthright Citizenship Intact
- The Court preserved the status quo on birthright citizenship by upholding Wong Kim Ark against the executive order challenge.
- Justices split over tourists versus long-term residents, with debate focusing on domicile versus residence and historical practice since the founding.
Majority's Originalism Overlooks Key Statutes
- Richard Epstein criticized the majority's originalist reasoning, citing ignored statutes like the Naturalization Act and distinctions between local and natural allegiance.
- He argued Wong Kim Ark was ambiguous and historical debates after the case undermine the Chief Justice's plain-meaning approach.
Make Birth Tourism A Federal Crime
- To reduce birth tourism Congress should criminalize the commercial facilitation of pregnant women traveling solely to give birth.
- John Yoo recommends targeting companies that advertise birth-tourism services and their financial networks to create strong disincentives.