Podcast Summary: Victor Davis Hanson: In His Own Words

Episode: How the Supreme Court Is Likely to Rule on Trump’s Tariffs | Dr. John Yoo
Host: Jack Fowler (pinch-hitting for Victor Davis Hanson)
Guest: Dr. John Yoo, constitutional scholar
Release Date: February 5, 2026

Overview

This episode dives deep into major constitutional questions before the Supreme Court, focusing on Trump’s use of tariffs under emergency authority, birthright citizenship, and recent rulings on gender-affirming care. Guest Dr. John Yoo, a renowned constitutional law scholar, offers insight into legal arguments, his own views, and the broader atmosphere in higher education, especially relating to the emerging movement for civic education.

Main Topics & Discussion Points

1. The New Civic Education Movement & The Civitas Institute

(05:18–14:19, 31:40–33:41)

• Growth of Civic Institutes:

  • Yoo outlines the emergence of civics-focused educational institutes at universities in Texas, Tennessee, Ohio, Florida, North Carolina, and Arizona—restoring focus on the Western tradition, political theory, and American constitutional history.
  • At the University of Texas at Austin, the new School of Civic Leadership aims to hire up to 60 faculty, with a paired think tank, the Civitas Institute.

• Purpose:

  • "It is restoring education to what it used to be for thousands of years... wrestling with the great ideas of Western civilization..." (John Yoo, 08:25)
  • Emphasis is on exposing students to original texts: Socrates, Plato, Aristotle, Adam Smith, Milton Friedman, The Federalist Papers, and more.

• Notable Quotes:

  • “If you wanted to destroy one of the country's greatest strengths... you could not have come up with a better way to do it than infecting it with the idea that there has to be racial and gender diversity... in higher education.” (Yoo, 41:50)
  • “Reading the great minds through their own writings... That's part of the civics moment I didn't reflect in my answer was reading the great minds through their own writings, through the basic texts.” (Yoo, 31:51)

• Cultural Critique:

  • Yoo, as the son of immigrants, expresses "shock" at the degree of doubt and criticism of Western Civilization within the US compared to the admiration seen in Japan or Korea.

2. Supreme Court on Trump’s Tariffs

(16:50–21:08)

• Constitutional Delegation:

  • While the Constitution gives tariff authority to Congress, Congress has broadly delegated this power, particularly in emergencies, to the President.

• Statutory Debate:

  • The statute (IEEPA) allows drastic measures in a declared national emergency, such as embargoes or halting commerce. The question: Can it authorize tariffs across all countries, or only targeted measures?
  • Arguments For: Trade deficits can be a national security threat—providing the executive broad power to act.
  • Arguments Against: “The trade deficit isn’t a national emergency... and the statute doesn’t say the word tariff." (Yoo, 18:25)

• Predicted Outcome:

  • Yoo speculates the Supreme Court will not uphold Trump’s broader tariffs on all countries, but may allow targeted tariffs on nations like China or Mexico based on specific national security threats.
  • “The court’s not going to say you can do it all at once, every country in the world simultaneously. That's the message I heard at oral argument last month.” (Yoo, 20:56)

3. Supreme Court Case: Birthright Citizenship

(22:26–28:59)

• Background:

  • Trump’s executive order seeks to bar birthright citizenship for children born to parents in the U.S. illegally or temporarily.

• Legal Arguments:

  • The 14th Amendment clause—“subject to the jurisdiction”—is at issue.
    • Pro-Order Argument: The phrase implies only those legally present qualify.
    • Against: Supreme Court precedent (Wong Kim Ark, 1898) upholds broad birthright citizenship; this has been “the unquestioned practice… since 1868.” (Yoo, 23:56)

• Yoo’s Take:

  • “I think the better reading is that birthright citizenship is the rule. But I think it's a really close question.” (27:33)
  • Predicts the Court will likely uphold current birthright citizenship practices, but acknowledges new scholarship has made it a live controversy.

4. Gender-Affirming Care and State Authority

(33:41–38:15)

• Recent Ruling:

  • The Supreme Court upheld Tennessee’s law banning “gender-affirming care” for minors, ruling such policy decisions are left to states.

• Principles:

  • No constitutional right to such medical treatment; mirrors reasoning in Dobbs (abortion).
  • “The key to the holding was that the decision for this issue, like so many issues in life, are up to the states.” (Yoo, 34:39)
  • Predicts a similar rationale in upcoming cases regarding transgender athletes in sports.

• Federalism:

  • Reinforces that the US system lets states experiment and reflect divergent views: “If you want to live in a state where boys and girls all participate in each other's sports, move to California.” (Yoo, 37:34)

• Civil Rights Expansion:

  • “The issue of rights is the Constitution really only recognizes a small set of groups… It’s a policy question for the states.” (Yoo, 38:15)
  • Warns against courts “adding or subtracting” from rights democratically debated and adopted.

5. DEI (Diversity, Equity, Inclusion) in Higher Ed

(41:19–45:53)

• Entrenched Ideology:

  • Yoo argues that DEI ideology has so permeated academia that efforts to curb it will be a long process, akin to “trench warfare”—as was desegregation post-Brown v. Board.

• Optimism Due to Supreme Court Rulings:

  • ---“The Supreme Court announced… you cannot use race in schools. It took more than ten years… to force people to live up to that ideal. Unfortunately, that's what's happening now.” (44:59)

• Personal Reflection:

  • Yoo was hired to be a conservative voice among mostly liberal faculty and emphasizes value in intellectual diversity: "They wanted to have at least one crazy... and so they hired me, and I've probably caused more trouble than they even hoped I would." (Yoo, 46:40)

Notable Quotes & Memorable Moments

• “I like to tell people I'm what Victor Davis Hanson would have become if he had gone to law school. I'm the law professor version of Victor.” (Yoo, 06:59)
• On being a conservative academic: “I don't… I feel kind of odd when I'm in situations where everyone's conservative. I like the company of liberals too… it makes you stronger.” (Yoo, 47:00)
• “You could not have come up with a better way to do it than infecting [universities] with the idea that there has to be racial and gender diversity... that your ideas don't just count on their own merits, but it's the skin color or the identity of the speaker that should be taken into account.” (Yoo, 41:50)
• “Effectively, what the transgender community wants to do is bypass democracy, bypass the Constitution, and just say, you judges, impose it on the country… The Supreme Court, I think, to its credit, said, no, we don't want to do that.” (Yoo, 39:25)

Timestamps for Key Segments

• Civitas & Civic Education: 05:18–14:19, 31:40–33:41
• Trump Tariffs SCOTUS Case: 16:50–21:08
• Birthright Citizenship Case: 22:26–28:59
• Gender-Affirming Care & States’ Rights: 33:41–38:15
• DEI in Higher Ed: 41:19–45:53
• Personal Academic Experiences: 45:53–48:40

Conclusion

This episode provides a rich exploration of contemporary constitutional questions, the vitality and controversy surrounding civic education, and candid reflections on the state of higher education and law. Dr. John Yoo’s mix of legal analysis, institutional critique, and personal anecdotes make this a must-listen for anyone interested in the intersection of law, policy, and academia.

For further discussion, find John Yoo’s latest piece at Civitas Outlook and his regular podcasts on Ricochet and Law Talk.