Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.
Hosted by three badass constitutional law professors– Leah Litman, Kate Shaw, and Melissa Murray– Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.
Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
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Will the Courts Let Trump End Birthright Citizenship?
May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case.
Hosts’ favorite things:
- Kate: Second Life: Having a Child in the Digital Age, Amanda Hess; Harvard Paid $27 for a Copy of Magna Carta. Surprise! It’s an Original, Stephen Castle (NYT)
- Leah: My Friends, Fredrik Backman; Senator Sheldon Whitehouse on All Rise News;
- Melissa: Weight Watchers Got One Thing Very Right, Jennifer Rubin (NYT); This Is Big: How the Founder of Weight Watchers Changed the World -- And Me, Marisa Meltzer; Forever (Netflix)
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Supreme Court’s ‘Lawless’ Era
Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Reads, When We're in Charge: The Next Generation's Guide to Leadership.
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Will SCOTUS Sign Off on Religious Charter Schools?
Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review.
Hosts’ favorite things:
- Kate: Sinners; Is It Happening Here? by Andrew Marantz (New Yorker)
- Leah: Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; The Tide is Turning, Dahlia Lithwick (Slate); Trump & Bukele’s Concentration Camp, Andrea Pitzer (NY Mag); Just Security Litigation Tracker
- Melissa: The Secret History of Home Economics: How Trailblazing Women Harnessed the Power of Home and Changed the Way We Live, Danielle Dreilinger; The Pauli Murray Center for History and Social Justice
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Can Religious Parents Veto Books in Public Schools?
Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone, joins to discuss the rise of the creepy conservative push to get women to have more babies.
Hosts' Favorite Things:
Leah:
- SCOTUS conservatives seem eager to increase parents' religious rights in public schools by Chris Geidner
- How Sam Alito Inadvertently Revealed His Own Homophobia From the Bench by Mark Joseph Stern
- Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial by Ahilan Arulanantham
- REVEALED: Elon and Trump's Plans to Mint More Mothers by Emily Amick
- These Summer Storms by Sarah MacLean
Kate:
- The Trump Victim I Can’t Stop Thinking About by Michelle Goldberg
- We Visited Rumeysa Ozturk in Detention. What We Saw Was a Warning to Us All by Sen. Edward J. Markey, Rep. Jim McGovern, and Rep. Ayanna Pressley
Emily:
- Now comes the ‘womanosphere’: the anti-feminist media telling women to be thin, fertile and Republican by Anna Silman
- Everyone is Lying to You by Jo Piazza
- The Testaments by Margaret Atwood
- The Witch Elm by Tana French
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Are Trump Administration Officials in Criminal Contempt?
Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.
Hosts’ favorite things:
- Melissa: White Potus (SNL); Good Dirt, Charmaine Wilkerson; Hacks (Max); Confessions of a Female Founder (with Reshma Saujani)
- Kate: So You Want to be a Dissident Julia Angwin & Ami Fields-Meyer (New Yorker); Who Is Government? The Untold Story of Public Service, Michael Lewis; Just Security (Substack); Judge Wilkinson’s opinion for the 4th circuit on the Abrego Garcia case; Catalina, Karla Cornejo Villavicencio
- Leah: Never Again Will I Visit Auschwitz: A Graphic Family Memoir of Trauma & Inheritance, Ari Richter; The Vibe Shifts Against The Right, Michelle Goldberg (NYT); Harvard’s new website
- Also mentioned this episode: The Supreme Court threatens to bring “Don’t Say Gay” to every classroom in America, Ian Millhiser (Vox); Five Questions About Domestic Use of the Military, Steve Vladek (One First)
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
SCOTUS Lets Trump Play Word Games
This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality.
Hosts’ favorite things this week:
- Leah: Dividing Lines, Deborah Archer; Why Universities Must Start Litigating—and How (The Nation), David Pozen, Ryan Doerfler, and Samuel Bagenstos; The Case for Suing, Adam Unikowsky
- Kate: Princeton President Chris Eisgruber on The Daily; Who Is Government? The Untold Story of Public Service, Michael Lewis
- Melissa: Up Home: One Girl's Journey, Ruth J. Simmons; The White Lotus (Max)
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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
What’s the Future of Planned Parenthood?
Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challenges to Trump’s ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs’ election to the Supreme Court of North Carolina.
Hosts’ favorite things this week:
- Kate: Unmarked Vans. Secret Lists. Public Denunciations. Our Police State Has Arrived, M. Gessen; Setting the Record Straight on the Anti-Trump Injunctions, Steve Vladek; The Battle for the Bros, Andrew Marantz; Museum of Now, This American Life; The Senate and the Edward Martin Nomination, Jack Goldsmith; Isola, Allegra Goodman; How the Trump Administration Learned to Obscure the Truth in Court, Leah Litman
- Leah: Eternal Sunshine Deluxe: Brighter Days Ahead, Ariana Grande; Hate Won't Win: Find Your Power and Leave This Place Better Than You Found It, Mallory McMorrow; Why Trans People Must Prove a History of Discrimination Before the Supreme Court, Chase Strangio; Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court, Marty Lederman
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett)
Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain.
Hosts’ favorite things this week:
- Leah: After Dobbs, David Cohen & Carol Jaffe; Mayhem, Lady Gaga; Black Bag, Steven Soderbergh; Wrexford & Sloane mystery series by Andrea Penrose; Lawsuits by Wilmer & Jenner challenging wildly unconstitutional executive orders; Judge Howell’s order rejecting the request for her to recuse in the challenge to the EO targeting the Perkins Coie order
- Melissa: Last week’s episode of Strict Scrutiny; A Season of Light, Julie Iromuanya; The Note, Alafair Burke; Yacht Rock: The Dockumentary (Max); Gwyneth and Meghan on Instagram; New Phone; Houthis? (Christian Schneider on X); Text STOP to opt out of war plans (Leta McCullough Seletsky on Bluesky)
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Deportations and the Death of Due Process
After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI.
Hosts’ favorite things this week:
- Leah: Fight! Fight! Fight!, Rebecca Traister; AOC’s Bluesky feed during the CR debates/debacle; The Hidden Motive Behind Trump’s Attacks on Trans People, M. Gessen; This Election Will Be a Crucial Test of Musk’s Power, Kate Shaw; Trump Has Gone From Unconstitutional to Anti-Constitutional, Jamelle Bouie
- Kate: The Feminist Law Professor Who Wants to Stop Arresting People for Domestic Violence, Sarah Lustbader; The Dangerous Document Behind Trump’s Campus Purges, Daphna Renan & Jesse Hoffnung-Garskof; The Cost of the Government’s Attack on Columbia, Christopher L. Eisgruber
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How to Lose a Democracy in 10 Laws (with Elie Mystal)
Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education.
Hosts’ favorite things this week:
- Melissa: The Trouble of Color: An American Family Memoir by Martha Jones; Paradise (Hulu)
- Leah: Bad Law by Elie Mystal; The Bee Sting by Paul Murray; Martyr! by Kaveh Akbar; Corruption & the Maximalist Theory of Presidential Power by Bob Bauer (Executive Functions); Five Questions about The Khalil Case by Steve Vladeck (One First)
- Kate: Character Limit: How Elon Musk Destroyed Twitter by Kate Conger and Ryan Mac; Interview with Lindsay Nash on Mahmoud Khalil by Isaac Chotiner (New Yorker)
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Conservative Push to Sue the Media Into Oblivion
After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich of the New York Times about his new book, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful.
Hosts’ favorite things this week:
- Melissa: Never Caught: The Washingtons' Relentless Pursuit of Their Runaway Slave, Ona Judge by Erica Armstrong Dunbar; Due Care in a Conservative Court by Hila Keren (forthcoming in the Wisconsin Law Review); With Love, Meghan (Netflix)
- Kate: Towards A New Equal Protection Paradigm by Issa Kohler Hausmann, co-authored with Kevin Yang and Charlotte Lawrence; Severance (Apple TV+)
Get tickets for STRICT SCRUTINY LIVE - The Bad Decisions Tour 2025! Listener presale Wednesday March 12 at 10am local time - Thursday March 13 at 10pm local time with code YOLO, general sale starts Friday March 14
- 5/31 - Washington DC
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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Pod Save the Separation of Powers
Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.”
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The Atextual & Illegal Attack on Birthright Citizenship
Melissa, Leah, and Kate are joined by Professor Kate Masur of Northwestern to talk about just how illegal and off-the-wall Trump’s executive order on birthright citizenship is. Then, the hosts cover the multitude of other horrors coming out of the executive branch, preview February’s SCOTUS cases, touch base with the wackos at the Fifth Circuit, and ask the all-important question: are the mens okay?
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Yes, We’re in a Constitutional Crisis
Live from Fordham Law, Leah, Melissa, and Kate stay on the Trump 2.0 chaos beat. They cover the continued ransacking of the federal government by the new administration, lawlessness at the DOJ, and the gutting of the Consumer Financial Protection Bureau. Finally, they take some time to consider just how much this new administration hates women.
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DOGE Runs Amok & Originalism’s Ahistoricism
This week, the ladies react to the ransacking of the federal government by Elon Musk and his fleet of DOGE dorks. Then, Kate and Leah speak with Jonathan Gienapp, professor of law and history at Stanford University and author of Against Constitutional Originalism: A Historical Critique, about what originalists get wrong about history and how the founders thought about the law.
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The Lawlessness, Chaos, & Cruelty of Trump 2.0
Melissa, Kate, and Leah continue to assess the fallout from the second Trump administration, including his blatant disregard of the law in firing many inspectors general. They also discuss the mental gymnastics required to blame Wednesday’s tragic plane crash on DEI, the repercussions of the administration's executive orders targeting trans people, and two crucial state supreme court races.
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Trump’s Onslaught of Executive Orders
Post-inauguration, the Trump administration is wasting no time issuing a flurry of heinous executive orders. Melissa, Kate, and Leah walk through them and then take a look at last week’s SCOTUS arguments. Finally, they answer some listener questions about the Court’s TikTok decision and share some rare but real good Supreme Court news.
Here’s the DEI explainer from the Meltzer Center on Diversity, Inclusion, and Belonging at NYU Law.
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SCOTUS's Porn Problem
Leah, Melissa and Kate cover some breaking news, including Biden’s last-minute declaration that the Equal Rights Amendment is the law of the land. Then, it’s a rollicking ride through Free Speech Coalition v. Paxton, one of the more entertaining oral arguments of late. Come for the hosts’ sharp legal analysis, stay for Justice Alito’s questions about whether Pornhub features longform journalism.
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SCOTUS Unanimously Upholds TikTok Ban
In the first emergency episode of 2025, Kate, Leah and Melissa break down the Court’s unanimous decision to uphold the upcoming TikTok ban in the United States. They cover the implications and possible unintended consequences, and Leah bids farewell to her personal Chinese spy.
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Is TikTok’s Time Up?
Leah, Melissa & Kate dive headfirst into an already busy 2025 by detailing the Republican attempt to steal a North Carolina Supreme Court seat, looking at the just-argued TikTok case, parsing through Donald Trump’s various legal challenges, and more. Then, the hosts speak with Michelle Adams, professor of law at the University of Michigan about her book The Containment: Detroit, The Supreme Court, and the Battle for Racial Justice in the North.
To support disaster relief efforts in Los Angeles, you can make a donation at votesaveamerica.com/relief
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Promise and Perils of Presidential Power
On the fourth anniversary of January 6th, Leah, Melissa & Kate dive deep on presidential power: how the presidency became what it is today, transitions of power, and how we’ve seen checks on the power of the president from unexpected quarters. Joining them are two experts: Lindsay Chervinsky, author of Making the Presidency: John Adams and the Precedents That Forged the Republic and Corey Brettschneider, author of The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Our Favorite Things, 2024
In the spirit of the holidays, Leah, Kate & Melissa force themselves to say something nice about each Supreme Court Justice. Yes, all of them. Then they take a break from the tomfoolery at One First Street to share their favorite things. Whether you’re doing some very last-minute holiday shopping, looking to indulge yourself, or craving a good book or podcast, there are ideas for everyone.
Programming note: we’re taking a break next week, but will be back on January 6, 2025 with a very special–and timely–episode on the presidency.
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Jingle Bells, the Fifth Circuit Is Hell
Leah, Melissa, and Kate cover some breaking news before recapping last week’s SCOTUS arguments. They also touch on some lower-court opinions and court culture including the Fifth Circuit going buck wild (yet again), KBJ’s Broadway debut, Mitch McConnell’s never-ending hypocrisy, and TikTok’s fate in America.
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Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)
Kate, Melissa, and Leah break down United States v. Skrmetti, the Court’s big case on gender-affirming care for minors, with the ACLU’s Chase Strangio. Chase is one of the lawyers who argued the case–as well as the first known transgender lawyer to argue at the Supreme Court. The hosts then make a pit stop at the always-out-there Fifth Circuit before recapping the other cases the Court heard this week.
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Gender-Affirming Care in the Court’s Crosshairs
After touching on some shenanigans from the Federalist Society’s National Lawyers Convention and Chuck Schumer’s lousy deal on judicial appointments, Leah, Kate, and Melissa preview December’s upcoming Supreme Court cases. The Justices will hear arguments in cases about gender-affirming care for minors, the FDA’s denial of authorization to flavored e-cigarettes, and the National Environmental Policy Act.
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How Will Trump 2.0 Embolden SCOTUS to Gut the Law?
Kate and Melissa comb through the latest from the incoming Trump administration, including the subbing in of Pam Bondi for Matt Gaetz for Attorney General. Then, they take a look at the areas of law that will be hit hardest during a second Trump term. Finally, all three hosts speak with Judge David Tatel, formerly of the DC Circuit, about his book, Vision: A Memoir of Blindness and Justice.
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Trump’s Parade of Clowns, Idiots, and Creeps
Leah, Melissa, and Kate wade through more election fallout, including President-elect Trump’s proposed use of recess appointments to jam his cabinet picks through. Also covered: this week’s SCOTUS arguments, the tryhards auditioning to be Trump Supreme Court nominees, and why everyone should shut up about Justice Sotomayor retiring.
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Making Sense of the Election and What It Means for the Court
After processing the election and thinking through what it means for the future of the Supreme Court, Kate and Leah dig into a Voting Rights Act case newly added to SCOTUS’s docket. They also tackle this week’s cases on the False Claims Act, compensation for hospitals that treat low-income people, the Fair Labor Standards Act, and federal securities law.
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Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket
After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA).
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Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today.
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SCOTUS’s Endless Beef with the EPA
Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country.
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"Ghost Guns" are Guns (Duh)
After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet.
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An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice
Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.
- Listen back to our 2023 interview with one of Richard Glossip's lawyers
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Steel Yourself for a New SCOTUS Term
Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath.
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No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar
Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.
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The Battle for Native Rights & Comstock: The Zombie Law From Hell
Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It.
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Reform, Repression, & Reproductive Rights (Live from Texas!)
This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.
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- 5/31 – Washington DC
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Shining a Light on State Supreme Court Races
In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings.
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Project 2025 (cont.): The Fascist Plan to Plunder the Government
To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country.
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Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks
Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law School. So who better to help analyze the intersection between reality TV and the law?
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State of the Uterus: Two Years After the End of Roe
In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund.
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Project 2025 (cont.): DEI for Men With Terrible Personalities
Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred.
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Project 2025: 900 Pages and 100% Deranged
Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights.
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The Hubris and Hackery of Aileen Cannon
Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here.
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We Read Josh Hawley's Book So You Don't Have To
Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually want: Jonathan Van Ness.
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A Terrible, Horrible, No Good, Very Bad Term
Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone?
- In case you want to hear our predictions for yourself, go back and listen to our term preview from September 2023
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SCOTUS Hands Trump Presidential Immunity
It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government.
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The Supreme Court Makes Its Biggest Power Grab in a Generation
Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least.
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SCOTUS Dodges the Question of Emergency Abortions
After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean air, and big pharma.
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SCOTUS Greenlights Government Corruption
Leah, Melissa, and Kate weigh the implications of Bloomberg’s scoop on EMTALA (apparently someone at the court got a little trigger-happy with the upload button). Then they take a look at today’s two official opinions–is a $13,000 bribe equivalent to buying someone Chipotle? Coach Kavanaugh has thoughts. And did the government strong-arm social media companies into censoring content? There’s a word for that: jawboning.
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A Very DC Saturday Night
As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a rowdy live show at the Howard Theatre in Washington, DC! It was one for the books-- The Second Gentleman, Doug Emhoff, joined us to reflect on the second anniversary of Dobbs. Friend of the pod Commander Steve Vladeck filled in as guest host. And former Attorney General Eric Holder joined us to talk about the Court's decision in a case about domestic violence offenders obtaining guns, analyze possible paths for court reform, and lighten the mood with a game of This or That.
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SCOTUS's Indefensible Delay in Trump's Immunity Case
The gang is back together! Ahead of the Strict Scrutiny live show on Saturday in DC, Kate, Melissa and Leah comb through four decisions from the Court. Are these the cases everyone’s waiting for? Not quite, but they do involve repatriation taxes, malicious prosecution, federal rules of evidence, and retaliatory arrests.
- Read Leah's NYT OpEd: "Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case"
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Mifepristone Stays on the Market (live from Tribeca!)
Live from New York, it's Strict Scrutiny! Elie Mystal guest hosts with Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break down opinions, perform dramatic readings of the secret Alito recordings, and imagine some end-of-year yearbook pages for the justices. Plus, New York Magazine's Irin Carmon joins to talk about the practical effects of the Supreme Court's ruling in the mifepristone case.
- To watch the full episode, complete with Martha-ritas and yearbook superlatives, head to our YouTube channel
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The Textualist Case for Mass Shootings
In an emergency episode, Leah and Melissa break down the Court's 6-3 decision to strike down a ban on bump stocks, attachments that allow semi-automatic weapons to fire at machine gun-like rates. It's bad, people.
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Texas Doubles Down on Life-Threatening Abortion Ban
Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. Plus, they recap recent opinions in cases about bankruptcy, tax law, and health care on Native American reservations.
- To hear more about the Zurawski case, including the stories of the women who testified, listen to our episode "A Code of Misconduct" from November 2023
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Flags, Feuds, and Roberts' Rebuff
Melissa and Kate recap the Supreme Court's latest opinions and catch up on the latest drama from the Alitos' flag-flying fiasco.
We’re giving one lucky listener the chance to win a pair of tickets to our SOLD OUT show in DC on June 22nd.Here’s how to enter:
- Subscribe to Strict Scrutiny’s Youtube channel
- Leave a COMMENT on our most recent video episode with YOUR favorite Strict Scrutiny moment. [LINK MONDAY’S YT VIDEO HERE]
The giveaway starts TODAY and ends June 7th at 11:59pm PT. We’ll be picking a winner on/around June 10th so be sure to keep an eye on your comment. For the full rules, check out the link here: http://crooked.com/strictgiveawaydc
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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TRUMP FOUND GUILTY!
A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America to talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway.
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Time for Some Bad Decisions
There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America.
- New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term.
- Order Undue Burden at Bookshop.org and get 10% off
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The Alitos Let Their Freak Flag Fly
Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas.
- Read Jodi Kantor's reporting on the Alitos' flag
- Revisit our episode recapping the oral arguments in the case challenging the CFPB
We’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter:
- Subscribe to Strict Scrutiny’s Youtube channel
- Leave a comment on our most recent video episode with your favorite Strict Scrutiny moment.
The giveaway starts TODAY and ends May 24 at 11:59pm PT. We’ll be picking a winner on/around 5/28 so be sure to keep an eye on your comment. For the full rules, check out the link here: https://crooked.com/strictgiveaway/
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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The Pick-Me Boys and Girls of the Federal Judiciary
Victoria Wenger of NAACP-LDF joins Kate and Leah for an update on the four years of litigation trying to get fair voting maps for Louisiana residents. Then, a major update on a group of federal officials who plan to penalize a private institution for failing to censor certain speech-- you'll never guess who!
- If you would like to make a donation in honor of Brendan Jackson, Leah's student who recently passed away, you can do so at www.ruckercollierfoundation.com
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Asked and Answered: A Listener Mailbag Episode!
Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener mailbag episode! What's the best way to fight against usage of the Comstock Act? Should liberals be using law suits to troll conservatives? Why don't the Democrat-appointed justices speak out about their colleagues' poor behavior? You asked, we answered!
- Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets are on sale now. Learn more and get tickets at tribecafilm.com/strict
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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SCOTUS Seems to Normalize Authoritarianism
Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak!
In better news, Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets go on sale Tuesday, April 30th, at 11am ET. Learn more and get tickets at tribecafilm.com/strict
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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Will SCOTUS Let January 6 Defendants Off the Hook?
Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care.
- Read Professor Caitlin Millat's op ed in the Los Angeles Times: "As a pregnant law professor in Arizona, I fear the abortion ban"
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SCOTUS’s Final Sitting of the Term Is A Doozy
In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit.
- Got a question for our upcoming mailbag episode? Submit it here!
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Florida Becomes a Battleground for Reproductive Rights
Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering.
- Listen to Melissa's interview with Errin on The Amendment, talking about the Trump indictments
- Submit a question for our upcoming mailbag episode here!
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The Absurd Fiction of the Mifepristone Case
Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.
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- ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued
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The Supreme Court Abortion Pill Case
Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court.
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Texas, Immigration, and Easily Avoidable Chaos
Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials.
- Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Welcome to Conservative Grievance Week
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions.
- Strict Scrutiny is headed back to DC for another live show! Presale starts 3/18 @ 12pm ET with the code SCRUTINY. Head to crooked.com/events for more info! --> Washington DC Tickets
- Here's the full episode in which we called pretty much the entire outcome of the Title X family planning program case in the Fifth Circuit
- ICYMI, Melissa's book with Andrew Weissmann, The Trump Indictments: The Historic Charging Documents with Commentary, hit #1 on the New York Times' Bestseller List! If you haven't gotten your own copy, code STRICT10 will get you 10% off at Bookshop.org
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The TLDR of Trump's Indictments
Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it. Plus, for a special court culture segment, Leah talks with Barb McQuade about her book, Attack from Within: How Disinformation Is Sabotaging America.
- Buy The Trump Indictments and Attack from Within from Bookshop.org-- code STRICT10 at checkout gets you 10% off!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).
- Listen to our recap of the oral arguments in the episode "SCOTUS Has Their Own Theories About Trump's Eligibility"
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Content Moderation, Machine Guns, and Trump's Trial Calendar
Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment.
- Listen to evelyn's podcast, Moderated Content
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The Alabama Supreme Court Embraces Fetal Personhood
Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.
- Listen to our episode with Michele Goodwin from August 2022, "What the Fight After Roe Actually Looks Like"
- Listen to our episode with Jessica Valenti from February 2023, "The Originalist Case for Terrorizing Women"
- Watch Melissa and Kate on The Daily Show!
- Order Melissa Murray and Andrew Weissmann's new book, The Trump Indictments: The Historic Charging Documents with Commentary
- Code STRICT10 at checkout gets you 10% off!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Good, The Bad, And The Ugly From State Courts
Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.
- Read Melissa and Kate's article in the Harvard Law Review, "Dobbs & Democracy"
- Read Melissa's article from the Houston Law Review, "Children of Men: The Roberts Court’s Jurisprudence of Masculinity"
- Pre-order The Trump Indictments: The Historic Charging Documents with Commentary, by Melissa Murray and Andrew Weissmann (code STRICT10 gets you 10% off at check-out!)
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SCOTUS Has Their Own Theories About Trump’s Eligibility
The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.
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Why Did Trump Get Denied Immunity?
This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait.
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Does the Constitution Disqualify Trump from Presidency?
This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy.
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E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"
E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. What was Trump's vibe in the courtroom? Will he actually pay up? And what does E. Jean plan to do with all that money? Melissa, Kate, and Leah get all these answers and more.
- Read the NYT's piece on Robbie Kaplan: "In Trump’s Bitter, Yearslong Brawl With Roberta Kaplan, He Keeps Losing"
- Read E. Jean Carroll's 2019 book in which she tells her story: What Do We Need Men For?: A Modest Proposal
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Who Has Final Authority At The Border?
Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made.
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AITA? SCOTUS Edition
Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes. Leah, Melissa, and Kate recap the arguments and outline the Koch-funded basis for the Supreme Court's latest power grab.
- Read the NYT's reporting on the funding behind the conservative quest to overrule Chevron
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The Legality of Presidents Doing Whatever They Want
Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron, the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a political opponent).
- Read Leah's article with Dan Deacon, "The New Major Questions Doctrine"
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Trump's Eligibility, Cash for Clarence, and a Meditation for 2024
We're only one week into 2024, and there's so much news to catch up on! Melissa, Leah, and Kate discuss ProPublica's reporting about rich guys giving Justice Thomas money when he hinted at retiring because his salary as a justice was too low. Then, they look to the latest in state courts, which are deciding issues such as Donald Trump's presidential eligibility, women's access to emergency abortion care, and fairly drawn electoral maps. After some quick previews of the cases the Supreme Court will hear this week, they welcome special guest Ross Rayburn, Peloton instructor and author of Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic Life. Ross shares advice for staying sane in this election year, and insights on how listening to Strict Scrutiny is actually a form of meditation.
- Read ProPublica's reporting: "A 'Delicate Matter': Clarence Thomas’ Private Complaints About Money Sparked Fears He Would Resign"
- Read Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War, by Mark A. Graber
- Read the Fifth Circuit's opinion in the EMTALA case we covered last November
- Get a copy of Ross Rayburn's book, Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic Life
- Code STRICT10 gets you 10% off at bookshop.org!
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New Year, Same Court
To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court.
- Listen to us on Getting Curious: "What's Happening with the Supreme Court?"
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Behind the Scenes of Overturning Roe v. Wade
Before we settle in for a long winter's nap, we have a LOT to catch up on. First, Jodi Kantor joins the pod to talk about her reporting, with Adam Liptak, on what went down behind the scenes at SCOTUS as the conservative majority sought to overturn Roe. Then we go over some new grants of cases the Supreme Court will hear in the near future-- including the mifepristone case, and a case about January 6th convictions. We also recap some bananas arguments in Wisconsin over a gerrymandering case. And then finally, we share our 2023 edition of our favorite things! Whether you're still holiday shopping for loved ones or need ideas on how to spend your gift cards and cash, we've got you.
- Read Jodi Kantor and Adam Liptak's NYT piece, "Behind the Scenes at the Dismantling of Roe v. Wade"
- We're taking a break on 12/25, but check back in on New Year's Day for a very special edition of Strict Scrutiny!
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Fake Cases, Fake Facts, Real Implications
Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a bankruptcy case involving Purdue Pharma and the Sackler family. Plus, we have a breaking (and heart-breaking) update on an abortion-related case out of Texas.
- Read Hawaii Supreme Court Justice Todd Eddin's stunning concurrence excoriating originalism
- Listen to our recent episode on another abortion-related case out of Texas
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Taking a Hatchet to Government Agencies
Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome Oona Hathaway and Sam Sankar-- two former clerks to the late Justice Sandra Day O'Connor-- to discuss her life and legacy.
- Read Kate's NYT op ed on Jarkesy: "This Quiet Blockbuster at the Supreme Court Could Affect All Americans"
- Read Oona Hathaway's NYT op ed on Justice O'Connor, "I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy."
- Read The 19th's reporting on how conservative groups are using the Supreme Court's affirmative action ruling to shut down the Abundant Birth Project: "Backlash to affirmative action hits pioneering maternal health program for Black women"
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A Deregulatory Sh*t Show Waiting to Happen
For its final sitting of 2023, the Supreme Court will hear cases on the Armed Career Criminal Act, double jeopardy, and whether the government is, well, constitutional. Leah, Melissa, and Kate preview those cases, and look into a hot mess of a voting rights case in the Eighth Circuit. Plus, US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
- Watch the Strict Scrutiny hosts on The Problem With Jon Stewart, previewing the horrors that await in Jarkesy v. SEC
- Read Justice Jackson's powerful dissent from denial in the case of Michael Johnson, an Illinois inmate who was held in essentially complete isolation in a tiny, windowless cell, caked with human waste, for three years.
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A Code of Misconduct
After months of public pressure, the Supreme Court has released its newly adopted code of ethics. But it leaves a lot to be desired! Melissa, Kate, and Leah analyze the code and find all the possible loopholes. We also talk to Molly Duane, one of the plaintiffs' lawyers in the Zurawski case out of Texas, where women suffered serious health and emotional consequences after being denied abortions. And then we welcome Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi, to update us on reproductive justice in the region after abortion bans and an extremist attack on one of their clinics.
- Listen to our episode from August, "The Dobbs Decision Hasn't Aged Well"
- Listen to our episode from the day Dobbs came out: “Roe is dead. Now what?"
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The Supreme Court's Second Amendment Mess
Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ.
- Listen to "How SCOTUS gutted our gun laws," our episode on the 2022 decision that started this madness
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Doing Government on Twitter
Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media platforms. Do the justices actually understand how social media, or even the Internet, works? Unclear! Plus, a recap of the case over whether the phrase "Trump Too Small" can be trademarked. They also preview the upcoming second amendment case, United States v. Rahimi, which challenges a federal law prohibiting people subject to domestic violence restraining orders from possessing guns.
- Read Melissa and Kate's op-ed in the New York Times, "One of the Most Brazen Republican Schemes Around Abortion Is Happening in Ohio."
- Check out our new shirts, dropping just in time for holiday shopping!
- Bluesky: leahlitman.bsky.social, profmmurray.bsky.social, Kateshaw.bsky.social, strictscrutiny@bsky.social, strictscrutiny@bsky.social
- Threads: @profleahlitman, @profmmurray, @kateashaw, @strictscrutinypodcast
For a transcript of this episode, go to crooked.com/strictscrutiny
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Trump's Legal Defense is Dumb AF
Leah, Melissa, and Kate get up to date on the various cases against former President Trump and analyze the arguments being brought in his defense. Plus, they preview the First Amendment cases the Supreme Court will hear this week-- including one about the legality of trademarking the phrase "Trump Too Small."
- Read about the guilty pleas from Kenneth Chesebro, Sidney Powell, and Jenna Ellis
- Read the NYT on Amy Coney Barrett's remarks at the University of Minnesota and Clarence Thomas's RV loan
- Read The Washington Post on Judge James Ho's speech to The Heritage Foundation
Find us on the internet!
- Bluesky: leahlitman.bsky.social, profmmurray.bsky.social, Kateshaw.bsky.social, strictscrutiny@bsky.social, strictscrutiny@bsky.social
- Threads: @profleahlitman, @profmmurray, @kateashaw, @strictscrutinypodcast
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Texas is a Magic 8 Ball for the Country
ProPublica's Andrea Bernstein joins Kate and Leah to talk about the new investigative podcast, "We Don't Talk About Leonard." Then, Melissa, Kate, and Leah are live from the University of Texas to talk about all the special things the state brings to the federal judiciary.
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Big BROTUS Energy
Melissa, Kate, and Leah recap the oral arguments the Supreme Court heard last week, including a big one about voting rights and redistricting (Alexander v. South Carolina State Conference of the NAACP). Plus, an update on the shenanigans around the Wisconsin Supreme Court and the tomfoolery in the Fifth Circuit.
- Read ProPublica's reporting on how U.S. Representative James Clyburn was involved in the South Carolina redistricting plan that's now before the Supreme Court
- Please consider donating the memorial fund for Maggie Rossman, a college classmate of Leah's who recently died from complications in childbirth
- Follow @CrookedMedia on Instagram for more original content, host takeovers and other community events.
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Not Especially Judicious
Kate, Melissa, and Leah recap oral arguments in the cases the Supreme Court heard last week, including Acheson Hotels v. Laufer (a case about civil rights enforcement) and CFPB v. Community Financial Services Association (a case about the constitutionality of funding structures for financial agencies). Plus, more Voting Rights Act shenanigans.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
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What Fresh Hell Will This Supreme Court Term Bring?
It's the start of a new Supreme Court term... and the start of Strict Scrutiny's fifth season! While the cases ahead may seem technical and boring, they're actually quite significant. Melissa, Kate, and Leah preview the first oral arguments the Court will hear in October Term 2023.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
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Will the Government (as we know it) Still Be Constitutional?
Do you feel that chill in the air? It’s almost the first Monday of October and that means a new SCOTUS term! You may still be recovering from the last one (don’t worry, we are too) but Melissa, Kate and Leah talk about some themes that we can expect this term like the crazy cases coming out of the Fifth Circuit and whether government (as we know it) is constitutional. They also go through the justices’ latest questionable, and in some cases egregious (Justice Thomas, we’re looking at you) ethical lapses. So pour yourself a Ginni Tonic or Hot Ginni Toddy now that it’s fall, and settle in for this week’s live show from the Texas Tribune Festival.
Cases we’re watching:
-Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited
-Loper Bright Enterprises v. Raimondo
-Securities and Exchange Commission v. Jarkesy
-Acheson Hotels, LLC v. Laufer
-Harrington v. Purdue Pharma L.P.
-Pulsifer v. United States
-United States v. Rahimi
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Lights, Camera, SCOTUS!
On September 22, Showtime and Paramount+ will release the first episode of Deadlocked: How America Shaped the Supreme Court. And if you tune in, you might recognize a few faces and voices. Documentarian Dawn Porter joins Kate, Melissa, and Leah to talk about how the series came to be, and what she learned about the Supreme Court's evolution in the process.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
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KBJ's Rookie Year
Being a Supreme Court podcast means we spend much of the year in dystopia. So just this once, let's look at the silver lining that is Justice Ketanji Brown Jackson. Amir Ali, executive director of the MacArthur Justice Center, joins Melissa, Kate, and Leah to look back on Justice Jackson's first year on the Supreme Court.
- Listen back to our episodes on Justice Jackson's historic nomination and hellacious confirmation hearings
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
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After Affirmative Action
Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to catch up on the fallout of the Supreme Court's affirmative action decision in June. Then, Melissa talks with Justice Goodwin Liu of Supreme Court of California and Mary Hoopes of Pepperdine's Caruso School of Law about their research on how judges consider diversity when hiring clerks.
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Can These Courts Be Reformed?
Melissa, Leah, and Kate invite two guests to zoom out and analyze how the current Supreme Court got to be the way that it is... and what progressives are doing to push back. Michael Waldman, author of The Supermajority: How the Supreme Court Divided America, provides historical context for other times the Supreme Court has challenged the country. And Brian Fallon, co-founder of Demand Justice, reflects on his tenure as Executive Director as the group challenged Democrats to get on board with judicial reform.
- Order The Supermajority by Michael Waldman at Bookshop.org. Code STRICT10 gets you 10% off!
- Read about Demand Justice's current campaigns for reform
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The Aesthetic Enjoyment of Other People’s Uteruses
Easha Anand of Stanford's Supreme Court Litigation Clinic joins Kate, Melissa, and Leah to lay out what SCOTUS has been up to in the world of criminal law. But first, Kate and Leah analyze the Fifth Circuit's opinion in the mifepristone case, and what it means for people seeking abortions across the country.
- Listen to "What's next in a post-Roe world," our episode with Diana Greene Foster, author of The Turnaway Study
- Get more background on the mifepristone case in our episodes from earlier this year: "Mifepristone, Mega Yachts, and Maskgate," and "What's next for mifepristone?"
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
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- 10/4 – Chicago
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Rise and Fall of the Voting Rights Act
It's been 10 years since the Supreme Court started to dismantle the Voting Rights Act in Shelby County v. Holder. Ari Berman, author of Give Us the Ballot: The Modern Struggle for Voting Rights in America, joins Leah and Kate to track the passage of the Voting Rights Act, the challenges against it over the decades, and the fallout from Shelby County and other voting rights cases.
- Order Give Us the Ballot from Bookshop.org. Code STRICT10 gets you 10% off!
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Dobbs Decision Hasn't Aged Well
It's been over a year since the Supreme Court overturned the constitutional right to an abortion in Dobbs v. Jackson Women's Health Organization. The majority opinion, concurrences, and joint dissent all made a lot of predictions about life without Roe-- but how accurate were they? Leah, Kate, and Melissa assemble a star-studded cast to do dramatic readings of the opinions and reflect on how they've panned out.
Featuring Jon Lovett as Sam Alito, Elie Mystal as Clarence Thomas, Jon Favreau as Brett Kavanaugh, and the hosts of Betches Sup (Amanda Duberman, Alise Morales, and Milly Tamarez) as the joint dissenters.
- Listen to our episode from the day Dobbs came out: "Roe is dead. Now what?"
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Trump Indicted Again Again
Former President Donald Trump has been indicted for a third time-- this time in a Washington, DC, case about attempts to overturn the 2020 election. Kate, Melissa, and Leah huddle to break down the charges, the people involved, and what happens next.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
America's First Civil Rights Movement
First things first, Melissa and Leah break down Sam Alito's latest airing of grievances in the Wall Street Journal. Then, Kate joins them for a lesson in actual history from an actual historian. Kate Masur, author of Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction, joins the trio for a conversation about her Pulitzer Prize-nominated book.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
BONUS: #WITHpod & Strict Scrutiny Crossover
Leah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term. It's our second annual crossover with Why Is This Happening?!
Another year, another pretty consequential Supreme Court term. SCOTUS recently ended its term with a number of big decisions including striking down affirmative action and issuing opinions in the 303 Creative case, in which the majority created a “constitutional right to refuse to serve members of a protected class,” as noted in Justice Sotomayor’s dissent. It also invalidated the Biden administration’s student debt relief program. Meanwhile, there’s increasing concern about recent allegations of ethical improprieties of SCOTUS justices, like the luxury fishing trip, reported by ProPublica, that Justice Alito took back in 2008 with GOP billionaire Paul Singer, who later had at least 10 cases before the high court. There’s a lot to unpack and we’re excited to share our second crossover episode with the hosts of the Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray and Leah Litman. They join to discuss some of the most egregious actions from the super conservative majority of the Court, what’s at stake for American democracy and cases to look out for in the next term.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Shining Light on the Shadow Docket
Leah, Kate, and Melissa talk to Steve Vladeck about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. From abortion bans to immigration restrictions, COVID orders and death penalty cases, the Supreme Court has taken to changing the law in quiet.
- Order The Shadow Docket from Bookshop.org. Code STRICT10 gets you 10% off!
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Clarence Thomas's America
Joel Anderson, host of Slow Burn: Becoming Justice Thomas, joins Melissa and Kate to analyze the justice's trajectory from his childhood in Georgia to his contentious confirmation hearings. Plus, Joel spills behind-the-scenes tea about reporting the series-- including how he found himself in the living room of Justice Thomas's mother.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
How the Federalist Society Took Over
We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution and Separate But Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture, joins Melissa and Leah to guide the journey.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
- Order Ideas with Consequences and Separate But Faithful at Bookshop.org. Promo code STRICT10 gets you 10% off!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
What else can the Supreme Court get away with?
Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? in an RV in Walmart parking lot? Who's to say!). They highlight recurring themes throughout the justices' opinions, relive some of the best moments in oral arguments, recap the Court's scandals, and preview the cases that scare them next term.US term.
- Watch/listen to this episode of The Problem with Jon Stewart where the Strict Scrutiny Hosts breakdown Jarkesy v. SEC, a case SCOTUS will hear next term.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Student Debt Relief Bad, Bigotry Good
The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates "a constitutional right to refuse to serve members of a protected class." And in the latter, the majority invalidate's the Biden administration's student debt relief program because, well, they had feelings about it.
- Listen to our episode recapping the 303 Creative arguments: "How the 303 Creative case threatens to roll back the 21st century"
- Listen to our episode recapping the arguments in the student debt relief cases: "Ascertaining the Majorness of Student Debt Relief"
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The End of Affirmative Action
Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions programs that consider race to be in violation of the 14th Amendment. Melissa, Kate, and Leah break down the Chief Justice's opinion, Justice Thomas's galling concurrence, and the brilliant dissents by Justice Jackson and Justice Sotomayor.
- Listen to our recap of the hours and hours of oral arguments in these cases: "Affirmative Action Reaction"
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Is ISL dead? IDK.
The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can’t actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.
We'll be around all week pushing out emergency episodes as the Supreme Court continues to do... whatever it does. Be sure to subscribe in your podcast app of choice so you don't miss it!
Listen to our previous episodes on the independent state legislature theory/fan fiction/thingamajig: "Debunking the Independent State Legislature Fantasy" with Carolyn Shapiro and Jamelle Bouie, and "Turning Fan Fiction Into Reality."
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
A Fear of Too Much Justice
Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Alito. And then it's opinion-palooza, recapping the opinions we got last week while we wait with bated breath for the horrors the last week of the term will bring.
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
BONUS: This Land on the Indian Child Welfare Act
Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast, takes us inside the courtroom in this special bonus episode to break down the decision, how we got here, and what it all means.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Good News for the Indian Child Welfare Act
The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.
- Listen to two previous episodes with Rebecca Nagle: "Go Down Clutching the Constitution" from March 2022 when the case was granted, and "The Uncertain Future of the Indian Child Welfare Act" from November 2022, right after oral arguments.
- Listen to season two of This Land, which tells the backstory of Haaland vs. Brackeen
- Donate to Barry Jones' release fund and listen to the episode we did with Liliana Seguara on his case: "Innocence Isn't Enough"
- We’re going to be hosting Strict Scrutiny Office Hours! It’ll be a special video on YouTube in about a week where we’ll answer your questions about the SCOTUS decisions out so far, the big ones yet to drop, Trump’s indictment, who should win Drag Race All Stars 8. Send a voice memo to us with your question to strictscrutiny@crooked.com. Please keep them to 20 seconds or less, and if you’re okay with it, include your name. We need these by this Wednesday, June 21st.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Trump Arraigned and Arrested (BONUS episode)
Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more.
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
A Win for Multiracial Democracy
Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah to break down the opinion for a live show at Howard University School of Law.
- Listen to this past episode where the hosts recap the oral arguments for Allen v. Milligan
- Read Melissa Murray's op ed with Steve Vladeck in The Washington Post
- Listen to argument recaps for Jack Daniel’s Properties, Inc. v. VIP Products LLC in this episode
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
"Not That Bad" is Still Bad!
Melissa, Leah, and Kate talk to Jenny Hunter, a labor lawyer and union consultant, about the recent SCOTUS opinion in Glacier Northwest v. Teamsters which has implications for union labor laws and the right to strike. They also discuss Justice Alito’s ignoring the Court's newly self-imposed sort-of-not-really enforced ethics rules, and a PBS Frontline documentary about Clarence and Ginni Thomas (that even Kate couldn’t turn off).
- Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th! Or register for the live stream here: go.crooked.com/streamstrict
- Listen to these past episodes about Glacier Northwest v. Teamsters.
- Here is where you can find out more about Eyvin Hernandez, an LA County Public Defender who is being held in Venezuala after being detained while on vacation in Colombia last year.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
A Wrecking Ball to Environmental Law
Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections-- threatening the future of the nation's clean water. And of course, Leah and Steve catch up on the latest Harlan Crow news.
Plus, Jessica Valenti gives an update on life after Dobbs.
- Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
- Listen to this past episode about Sackett v. EPA with Sam Sankar
- In this episode, the hosts discussed the arguments for Tyler v. Hennepin County, another one of the opinions discussed.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Anti-Abortion Litigation at Warp Speed
Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined.
- Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
- The hosts covered the arguments of the opinions for Gonzales v. Google LLC and Twitter, Inc. v. Taamneh in this episode.
- In this episode, the hosts discussed the arguments for Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, another one of the opinions discussed.
- This past episode discusses the arguments for Ohio Adjutant General’s Department v. Federal Labor Relations Authority, an opinion the hosts talk about this week
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
You Can Crime If You Want To
Melissa, Kate, and Leah cover the gift that keeps on giving-- a.k.a. billionaire Harlan Crow, who can't seem to stop giving undisclosed gifts to Justice Clarence Thomas. They continue the discussion on the deluge of stories about questionable ethics at the Supreme Court following a report that said Leonard Leo arranged for Ginni Thomas to be paid tens of thousands of dollars for "consulting work". The cherry on top? Two recent Supreme Court opinions about political corruption and fraud. Finally, they are joined by John Mills, an attorney for Richard Glossip, who was sentenced to death for a crime for which there is powerful evidence he did not commit.
- Listen to an interview with Justin Elliott, one of the ProPublica reporters who broke the news about Harlan Crow and Justice Thomas.
- The hosts covered the arguments of the opinions for Percoco v. US and Ciminelli v. US in this episode.
- In this episode, the hosts discussed the arguments for Santos-Zacaria v. Garland, another one of the opinions discussed.
- This past episode discusses the arguments for National Pork Producers Council v. Ross, an opinion the hosts talk about this week.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Asked and Answered: A Listener Mailbag Episode!
It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are our fancy billionaire friends? Can we stop being such hysterical harpies? Which Taylor Swift song is the best? Plus, we recap Justice Alito's "interview" with the Wall Street Journal so you don't have to read it.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Ethics, Shmethics
The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court, joins Melissa, Kate, and Leah to discuss proposals for making the judiciary more transparent and accountable. Plus, the hosts recap oral arguments-- including one on whether the government can take your money and keep the change.
• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
What's next for mifepristone?
Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves the way for a death-row inmate to obtain DNA testing that could prove his innocence.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Ultimate in Anti-Abortion Exceptionalism
Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, then undisclosed real estate deals. Then, if you're wondering about the latest in the mifepristone cases, the hosts breakdown the latest news and what it all means for abortion care nationwide. Kate and Leah also preview two court cases that will be argued at the Supreme Court next week, recap an opinion, and highlight a concerning grant.
- We want to hear from you! Submit your questions to strictscrutiny@crooked.com (If sending a voice memo, please keep it to 20 seconds or less)
- Read ProPublica's reporting on Justice Clarence Thomas's home sale to billionaire republican Harlan Crow.
- Here's a twitter thread from Leah on the consequences of the Mifepristone ruling
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Mifepristone, Mega Yachts, and Maskgate
Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences. They discuss the lasting effects of the Trump presidency on the Court and the working relationships between Justices, giving listeners a glimpse behind the curtain on some of the most iconic scandals at the Court.
- Order Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Arrest is History
It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah and Kate to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Supreme Importance of Wisconsin's Election
Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Is It Infringement If It's Funny?
Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Fueling the Conservative Grievance Machine
Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the constitutionality of a federal law that prohibits people from encouraging unlawful immigration, and Jack Daniels (yes, the alcohol company) suing a dog toy company over a poop-related joke. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
For a transcript of this episode, go to crooked.com/strictscrutiny
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Shielded: How the Police Became Untouchable
First things first: WE WON AN AMBIE! Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with Joanna Schwartz about her new book, Shielded: How the Police Became Untouchable. Plus, a quick overview of what we expect from the Supreme Court before it ends its term in late June.
- Order Shielded: How the Police Became Untouchable at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order!
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Ascertaining the Majorness of Student Debt Relief
What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s Supreme Court oral arguments on the cases blocking 20 million borrowers from seeing between $10,000 and $20,000 of forgiveness on their federal student loans. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion.
- Listen to last week’s episode previewing the student debt relief cases
- Listen to this episode on the federal court case regarding the FDA approval of mifepristone.
- Follow Strict Scrutiny on Instagram and Twitter.
- Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.
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Not the Nine Greatest Experts on the Internet
Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching.
- Follow Strict Scrutiny on Instagram and Twitter.
- Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.
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Will the Supreme Court break the Internet?
Danielle Citron, author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age, joins Leah and Melissa to preview two Supreme Court cases that ask whether online platforms should be held liable for user-uploaded content. Plus, more drip-drip-drip from the investigation of the Dobbs leak.
- Read The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (use promo code STRICT10 for 10% off!)
- Read The Onion's incredible amicus brief
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The Originalist Case for Terrorizing Women
Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs. Plus, they highlight a federal court opinion that would allow people facing domestic violence orders to possess guns, and President Biden’s (brief) State of the Union comment about vetoing any national abortion ban legislation.
- Listen to "How SCOTUS gutted our gun laws," about the Supreme Court's recent ruling that the constitutional right to carry a gun extends beyond the home
- Listen to "What the Fight After Roe Actually Looks Like," which recapped the first two months of a post-Dobbs world
- Listen to "Roe is dead. Now what?," which captured our immediate reaction to the Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization
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The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage
Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage. Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs. But he warns about the dangerous exemptions that could be carved out through 303 Creative, which the Supreme Court has yet to issue an opinion on, but foreshadowed in its Hobby Lobby opinion.
- Buy your own copy of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage (use STRICT10 for 10% off!)
- Read an excerpt of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage
- Listen to our episode recapping arguments in 303 Creative v. Elenis
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Lady Justice: Women, the Law, and the Battle to Save America
Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022.
- Order Lady Justice: Women, the Law, and the Battle to Save America here (use STRICT10 at checkout for 10% off!)
- Read more about Whole Woman’s Health v. Hellerstedt
- Watch this documentary about lawyer and activist Pauli Murray, an often under-credited legal pioneer of civil rights, racial justice and gender justice, and listen to Strict Scrutiny's interview with the film makers
- Learn more about the International Refugee Assistance Project
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Cosplaying an Investigation
Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court's "investigation" into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access-- an unfortunately commemoration of the 50th anniversary of Roe v. Wade.
- Here’s the report summarizing the Supreme Court's investigation into who leaked the Dobbs opinion. (TLDR: they still don't know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.)
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Busting Unions and Dodging Opinions
Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- some theories about why the Court hasn't issued any opinions this term, and some breaking news in the investigation over the leaked Dobbs opinion.
- Listen to our past episode on the 303 Creative v. Elenis case that's mentioned this week.
- Listen to this episode of America Dissected which features Melissa. She discusses the COVID-19 vaccine mandate cases argument that's discussed in this week's episode.
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The Long Game to Weaken Workers' Rights
Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes in a pair of cases involving labor unions.
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Civil Rights Queen
Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recognize the name Constance Baker Motley from Ketanji Brown Jackson's speech upon receiving her nomination to SCOTUS. Motley was the first black woman to be appointed to the federal bench-- and she and Justice Jackson share a birthday. Judge Motley's story illustrates the fights for equality, across race and gender lines, in the mid-20th century.
Order Civil Rights Queen at Bookshop.org and use code STRICT10 at check-out for 10% off.
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All I Want For Christmas Is Democracy
Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a winter wonderland with this year's list of Our Favorite Things! If you're still doing your holiday shopping, we've got lots of recs.
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How the 303 Creative case threatens to roll back the 21st century
The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights.
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Making Fraud Great Again
Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.
On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday.
- "Debunking the Independent State Legislature Fantasy" with Jamelle Bouie and Carolyn Shapiro
- "Turning Fan Fiction Into Reality"
HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at votesaveamerica.com.
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Turning Fan Fiction Into Reality
Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again.
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Justice Samuel A-leak-o?
On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court case before it was public. The story offers a glimpse at a years-long campaign by conservative activists to obtain access to and ingratiate themselves with Supreme Court justices. It's really wild and really disturbing-- so Leah, Kate, and Melissa convene for an emergency episode to discuss.
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The Uncertain Future of the Indian Child Welfare Act
Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.
Plus, we take a look at the midterm outcomes and what they mean for the courts.
- Listen to Season 2 of This Land, all about the back story of Haaland v. Brackeen.
- Read Rebecca Nagle's piece in The Atlantic, "The Supreme Court Case That Could Break Native Sovereignty."
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Affirmative Action Reaction
Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.
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Open Season on Precedents
On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases.
- Listen to an episode on race conscious remedies from our spin-off show, Irrational Basis Review
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Credible: Why We Doubt Accusers and Protect Abusers
Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers. A former prosecutor and leading authority on sexual violence, Deb's book examines why we are primed to disbelieve allegations of sexual abuse--and how we can transform a culture and a legal system structured to dismiss accusers.
This episode contains discussions of sexual violence. Please use discretion and take care of yourselves.
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Pigs, Prince, and Proven Innocence
Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz, National Pork Producers Council v. Ross, and Andy Warhol Foundation for the Visual Arts v. Goldsmith. Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics.
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Limiting the Inevitable Damage
Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color.
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How SCOTUS Distorts Democracy
It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term.
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Judicial Joyriding
For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices, joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan.
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Unprincipled and Inconsistent Voting Rights Shenanigans
Leah talks with Wilfred Codrington III about his article, "Purcell in Pandemic," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms?
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Please Pay Attention to State Courts and Constitutions
Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center.
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Debunking the Independent State Legislature Fantasy
With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections.
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Fossil Fuel Rules Everything Around Me
Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term.
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What the Fight After Roe Actually Looks Like
Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones.
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Women Are Not Without Power
Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory.
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Hostility to Mercy
Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases. Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.
- Read Lee's article, "The Trump Executions," in the University of Texas Law Review
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Law & Religion on the Barrett Court
It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.
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The Family Roe: An American Story
Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.
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How Mitch Rigged the Courts
While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.
*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject!
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Break Glass in Case of Emergency
It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to.
For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/
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Smashing Precedents and Making Up Facts
The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06].
You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
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Just how bad is the Supreme Court's EPA decision?
Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!
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This Maximalist Conservative Supermajority
The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28].
Opinions discussed:
Marietta Memorial Hospital v. Davita [20:23]
- A case about a Medicare statute and end-stage renal disease
US v. Taylor [25:24]
- A habeas with a positive outcome!
Carson v. Makin [43:41]
- In which the Supreme Court embiggens free exercise rights
Shoop v. Twyford [1:00:28]
- If you’re seeking relief, the answer is “no” & the only question is "why"
Berger v. NC State Conference of NAACP [1:01:56]
- Involves a challenge to North Carolina's voter ID law
Becerra v. Empire Health [1:02:52]
- Related to Medicare reimbursement rates, with a really weird 5-4 line-up
Two more things:
- If you missed our episode "What's next in a post-Roe world," you should definitely go back and listen to get a sense of the fight ahead.
- You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
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Roe is dead. Now what?
Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent.
You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
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How SCOTUS gutted our gun laws
Today the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.
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Reeking of Impropriety
The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there.
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Queer Supremacy (A Pride Special)
It's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights.
This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more.
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The Newly Constituted and Restless
The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news.
Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-argument-by-lady-lawyer case Southwest Airlines v. Saxon [21:07], and the Bivens case, Egbert v. Boule [26:19].
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Allow Me To Retort
Melissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution.
P.S. Melissa, Kate, and Leah will be on The Problem with Jon Stewart this Thursday, June 9th! Don't miss it.
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Innocence Isn't Enough
Investigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez [3:30]. The Supreme Court released an opinion in the case last week, and it's bad. There is a miniscule moment of joy, though, in the recap of the opinion in Morgan v. Sundance, which is about arbitration and also Taco Bell [51:58]. Finally, we do a quick round-up of other court-adjacent news, including the fever dream that is Ginni Thomas's email signature, and theories as to why the Court is being so unusually quiet for this late in the term [59:28].
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The Only Loser is the Public
Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland, a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-related case the Court will hear next term, Jones v. Hendrix [47:23], and then try to bring their blood pressure down by catching up on various statements and speeches Justices Thomas and Alito have given recently [52:01].
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What's next in a post-Roe world
Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And Greer Donley is an assistant professor at University of Pittsburgh Law, and one of the three authors of the extremely topical and important article, "The New Abortion Battleground," which is forthcoming in the Columbia Law Review. The paper is written together with Professor David Cohen at Drexel Kline School of Law and Professor Rachel Rebouche, Interim Dean of Temple University Beasley School of Law. The paper analyzes the inter-jurisdictional issues that will emerge if and when the Supreme Court overrules Roe [32:04]. We'll also catch up on some of the additional news and hot takes people have had since the leak happened [57:52].
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Stay Mad Like Sam
Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30].
Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe
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What the SCOTUS leak could mean for abortion
Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion.
Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe
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The Inner Life of Coach Kavanaugh
Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44].
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Coup, But Make It Look Legal
Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism.
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The Non-Existent Establishment Clause
Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty.
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Justice on the Brink
Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in partnership with New York University’s John Brademas Center.
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Light Conspiracy Theories
Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].
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Backwards and in High Heels
Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning.
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Go Down Clutching the Constitution
Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.
Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53].
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Living Textualism
Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.
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Canon Wars
Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh?
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Indian Law Hall of Fame
Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?
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KBJ, All the Way!
Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship.
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I Don't Wanna
Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48).
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We're Doing S'mores
Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting.
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Speedy Sonia
Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.
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Party Like It's 1935
Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.
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Further Erosion
Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians.
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Supreme Ambition
Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.
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Mensch On The Bench
Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate.
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Comeback Kid
Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors.
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Putting the Tea in Totenberg
Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8.
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BONUS: Strict Scrutiny x Why Is This Happening?
The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).
Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting and gun rights, and more contentious political battles, the year ahead will certainly be one for the books.
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Hot Potato
Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers.
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Putting the F in FDR
Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients.
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Justice for Snowflake
Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month.
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No Laws, Just Vibes
Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19.
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Laboratories of Autocracy
Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer.
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The People's Constitution
Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.
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Our Favorite Things, 2021
Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things.
To wear
Washable silk pajamas from Lunya
The Lady Doth Etsy shop
To read
My Monticello, by Jocelyn Nicole Johnson
The Silence of the Girls, by Pat Barker
The Women of Troy, by Pat Barker
Born on the Water, Nikole Hannah-Jones and Renee Watson
How to be Successful Without Hurting Men’s Feelings, by Sarah Cooper
To eat
Levain Bakery cookie assortment
To support women journalists
Dahlia Lithwick - Slate Plus
Alexandra Petri - Washington Post
Rebecca Traister and Irin Carmon - New York Magazine and The Cut
Erinn Haynes and Shefali Luthra - The 19th
To smell
Parks Project-- like this Yosemite Lodgepole Pine Candle
To spoil your dog
And of course, to rep your favorite podcast
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The Marshmallow Experiment
We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year!
Resources:
- Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life."
- Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez
- Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion"
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A Uterus, If You Can Keep It
Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!)
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Let's Be Legends
Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue.
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Resources:
- "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. New York Times, November 26, 2021.
- "The Judge Who Told the Truth About the Mississippi Abortion Ban," by Reynolds Holding. The Atlantic, November 30, 2021.
- Amicus brief by the Howard University School of Law Human and Civil Rights Clinic
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Fourth Dimension Feminism
Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks.
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Sad Girl Autumn
It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases.
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At Liberty: This Fall’s Fight Against Forced Pregnancy
In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well.
The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate.
Melissa's co-panelists are Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project. Molly Kaplan hosts.
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Self-Own Sam
Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more!
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Have They Heard of Frat Houses?
Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California.
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Arbitration Rat
Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.)
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Foreign in a Domestic Sense
Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment?
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Some Geniuses
Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st.
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That’s Just Like, Your Opinion, Man
Kate, Melissa, and Leah preview the whopper first week of the November sitting. They are joined by Joseph Blocher, Professor of Law at Duke Law, to discuss NYSRPA v. Bruen.
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Fatally Unequal
Melissa talks with Carol Anderson about her book, The Second: Race and Guns in a Fatally Unequal America. This event originally aired as a program by the Commonwealth Club of California back in July, and we're excited to bring it to Strict Scrutiny listeners ahead of Supreme Court arguments in New York State Rifle & Pistol Association Inc. v. Bruen on November 3rd.
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Watch This Space
A quick breakdown on what the Court did and didn’t do today (Friday, October 22) in the cases against Texas's S.B. 8, which prohibits abortion 6 week's after the pregnant person's last period.
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Per My Last Email
Kate, Melissa, and Leah recap the last week of the October sitting and some developments in the S.B. 8 litigation.
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Latte Liberal
Melissa, Leah, and Kate recap the first week of the October sitting.
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Troll World Tour
Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech.
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Hashtag YOLO
Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court’s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court’s upcoming term.
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Sounds Legit
Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts.
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Meager Sentences
Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Both orders ruled against the Biden administration and were divided along ideological lines.
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Messing with Texas
Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y’all, they are messing with Texas!
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Untitled Dating Show
It’s law school advice time, Strict Scrutiny style! Melissa and Leah chat with Mark Moran, graduate of UVA Law and contestant on FBoy Island, for the first ever Strict Scrutiny x FBoy Island Crossover. What can law school teach you about reality TV, and reality TV teach you about law school? A lot, it turns out….
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Flagrantly Unconstitutional
Melissa, Kate, & Leah get together again to discuss the Supreme Court’s decision in the Texas SB8 case, what is happening now in Texas, and what might happen still with the law.
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Message Received
Commander Professor Steve Vladeck joins us for an emergency episode about SB8, the most restrictive abortion law that has been allowed to go into effect since Roe v. Wade.
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Sexual Justice
Kate and Leah talk with Alexandra Brodsky, founding co-director of Know Your IX and author of Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash.
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How Rights Went Wrong
Kate and Leah talk with Jamal Greene about his new book, How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart.
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Open Wound
Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition.
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Superminority Status
Melissa and Leah are joined by Easha Anand (MacArthur Justice Center) and Kate Levine (Cardozo University School of Law) to recap the big criminal law cases from last term.
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Born Tired
In collaboration with The Appellate Project, Leah, Kate, and Melissa talk to Debo Adegbile and Bruce Spiva about voting rights and diversity in the appellate bar.
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Anti-Democratic Super Weapon
It’s Supreme Court reform summer! On this episode, Leah talks to Professor Nikolas Bowie about his testimony to the Presidential commission on the Supreme Court and whether we have or should have a democracy.
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Justice, Justice Thou Shalt Pursue
Melissa interviews Berkeley Law Professor Amanda Tyler about the book she co-wrote with the late Justice Ruth Bader Ginsburg, Justice, Justice, Thou Shalt Pursue. The book includes Justice Ginsburg's favorite opinions she authored, along with stories of her life, family, and career. Professor Tyler shares some of those stories as well as reflections on her working relationship and friendship with the justice. This conversation was originally an event put on by The Beverly Hills Bar Association and Writers Bloc Presents.
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Roses & Thorns
It’s here … our term recap! We go over all the roses and thorns from OT2020, or at least as much as we have time for in this jam-packed episode.
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Textually Challenged
For a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.
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An Insult to History
With SCOTUS finishing in July, Leah recaps the end of the term (end of democracy?) cases, Brnovich and Americans for Prosperity, with law of democracy experts Wilfred Codrington and Rick Hasen.
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Tired of These Fools
On June 23rd, we joined the Ninth Judicial Circuit Historical Society, together with the Western District of Washington Federal Bar Association, for a “SCOTUS in FOCUS” event moderated by Cynthia Jones, the program chair of the Society.
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Comrade Thomas
Kate and Leah recap the big FRIDAY, FRIDAY at the Supreme Court -- two statutory interpretation cases (Confederated Tribes of the Chehalis Reservation and Hollyfrontier Cheyenne Refining Co), and a major standing case (TransUnion v. Ramirez).
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Cheerleaders for Democracy
Kate and Leah recap four opinions: Lange v. California; Mahanoy Area School District v. BL; Collins v. Yellen; and Cedar Point Nursery v. Hassid.
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Love and Basketball
Leah and Melissa do a quick dash through Monday’s opinions in Arthrex, NCAA v. Alston, and Goldman v. Arkansas Teacher Retirement Systems and a quick note on Nestle v. Doe before allowing Leah time to work out some feelings on Justice Alito’s dissent in the ACA case.
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Amuse Bouche
Kate and Melissa recap two opinions, California v. Texas (the ACA case) and Fulton v. City of Philadelphia (Masterpiece Cakeshop redux). For the latter, Katherine Franke joins with historical context and insights.
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State Courts Are Where It's At
Leah, Kate, and Melissa recap an important CVSG, the Court’s opinions (in Gary, Greer, and Terry), and a major Wisconsin Supreme Court case!
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Presto!
Kate, Melissa, and Leah get together to discuss Justice Kagan’s approach to statutory interpretation. We got two opinions this week, Sanchez v. Mayorkas, another unanimous immigration case, and the big ACCA (Armed Career Criminal Act, not Affordable Care Act) opinion we’ve been waiting for-- Borden v. US. They identify an important parallel between Justice Kagan and Taylor Swift and lay out the evidence that the Justices are reading their tweets (and everyone else’s too). Finally, they are joined by three former law clerks to Judge Katzmann (Professors Rachel Bayefsky, Bernie Meyler, and Lindsay Nash) to remember the late judge.
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Fetishistically Textualist
Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice.
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Death Eaters
Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America. This conversation was originally an event with the Commonwealth Club in April.
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Siren Songs
Kate, Melissa, and Leah notice the siren song of purposivism in some of the Court’s recent statutory interpretation cases. They also talk about developments on the Court’s death penalty docket before going through one of their binders of women advocates & advocates of color.
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Hysterical Lady Brains
Melissa, Kate, and Leah break down the recent cert grants, the oral argument in Terry v. United States, and the opinions in Edwards v. Vannoy, CIC v. IRS, Caniglia v. Strom, & BP v. Baltimore. They then workshop their reviews of Justice Breyer’s forthcoming book before highlighting some exciting Supreme Court-related book reviews.
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When There Are 535
In March, the NYU School of Law hosted the the Birnbaum Women’s Leadership Network's symposium on Politics, Power, and Women’s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy.
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Drained Pool Politics
Kate & Melissa host Heather McGhee to discuss her new book, The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together.
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Burn Book on Purposivism
Leah and Kate recap the textualist bonanza in Niz-Chavez v. Garland, and the recent arguments in Americans for Prosperity Foundation (during which Justice Alito signaled that he’s a fan of the pod) and Mahanoy School District. They also preview the final case of the term, Terry v. United States.
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Barking Goldfish
Kate, Leah, and Melissa go over new opinion, recap the previous week of oral arguments, and preview the next batch of cases to be heard at the Supreme Court.
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Right for the Wrong Reasons
Kate and Melissa are joined by special guests Juvaria Khan, Matthew Fletcher, and Carmen Iguina Gonzalez to discuss the upcoming April sitting and the work of The Appellate Project.
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Tsunami of Slime
Leah and Kate are joined by Sen. Sheldon “Whiteboard” Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court’s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra.
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Sausage Fest
“Live” from Yale Law’s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration!
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Spaceships and Serial Killers
Melissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March sitting.
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Dear Steve
Melissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more!
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Amend: The Fight for America
Melissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries.
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Get to the Punchline
Leah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course.
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Toddler Logic
Leah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court’s docket.
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Wilding Out
Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.
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Dude Process
Kate and Leah do a “snap” episode on the most recent impeachment proceedings.
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Gold Highways
Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “Digging A Hole,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission.
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Dirty Damages
Leah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in!
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My Name Is Pauli Murray
Leah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray. The film premieres at the Sundance Film Festival this week.
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Rinse & Repeat
Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “The Power of Attorney” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.
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The Meme Lives
Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment.
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No Coup For You
In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!
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Our Favorite Things
Melissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year.
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When Reality Is Surreal
Leah and Melissa are joined by Alexandra Petri, author of Nothing Is Wrong And Here Is Why, and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal.
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Normal Scrutiny
Leah and Melissa are joined by the first repeat guest on Strict Scrutiny, Elie Mystal, to discuss his recent column about Democratic leadership on the Senate Judiciary Committee. They also provide some dramatic readings and reenactments of some of the hearings and filings from the (poorly run) coup attempt.
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Big Whiteboard Energy
It’s the episode you’ve been waiting for – our breakdown of Justice Alito’s keynote speech at the Federalist Society convention. And as our guest, we have the Senator living rent free in Justice Alito’s head – Senator Sheldon Whitehouse of Rhode Island, who gets his own Strict Scrutiny nickname in this episode!
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Call For Filings!
Send us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading!
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Unfeathered Discretion
Leah and Melissa preview the first week of the December sitting and recap a lot of Supreme Court and Supreme Court adjacent news about turkeys, COVID, and more.
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Cute as a Button
Leah and Melissa and Kate are joined by Meera Deo, Professor of Law at Thomas Jefferson School of Law, William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation, and author of Unequal Profession: Race and Gender in Legal Academia (Stanford U Press 2019).
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Vice Signaling
Leah and Kate are joined by Marin Levy to recap the Affordable Care Act argument and … wonder about the role of lawyers in contributing to the demise of democracy.
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Unlawful Generally
Kate and Leah break down the first week of arguments from the November sitting, as well as some developments on the Court’s shadow docket.
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Yes, Virginia
Leah, Melissa, and Kate take a virtual road trip to UVA Law to dish on the upcoming November sitting with the hosts of the Common Law podcast, Dean Risa Goluboff and Professor Leslie Kendrick.
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Hot Mess
Leah, Melissa, and Kate, discuss some recent activity on the Court’s “shadow docket” related to the election. Oh, and the fact that we have a new Supreme Court Justice.
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We The Women
Kate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment.
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Big Dog Energy
Leah, Melissa, and Kate discuss some of the highlights of the October sitting, as well as the conclusion of the Barrett confirmation hearings.
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Not A Mystery
Leah and Kate recap the first three days of the confirmation hearings so you don’t have to actually listen to them.
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The Red Death
Leah and Melissa recap the first week of the October sitting, as well as all of the beginning of term developments on the Court’s docket, orders list, and so much more.
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Fire Season
Leah, Melissa, and Kate bring their A+ Zoom game to NYU School of Law for a live-ish preview of the upcoming SCOTUS term.
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The Women Tell All
Leah, Melissa, and Kate discuss the President’s nominee to replace Justice Ruth Bader Ginsburg, Judge Amy Coney Barrett, and the expedited process underway to confirm her.
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In Memoriam
Leah, Melissa, Kate are joined by Anne Joseph O’Connell, Adelbert H. Sweet Professor of Law at Stanford Law School and former clerk to Justice Ruth Bader Ginsburg.
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I Want More
Leah and Melissa interview Renee Knake Jefferson and Hannah Brenner Johnson about their book Shortlisted: Women In The Shadows Of The Supreme Court.
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Courts of the Conqueror
Leah is joined by Liz Reese, a Bigelow Fellow at the University of Chicago Law School, for a deep dive on the Court’s blockbuster Indian law case, McGirt v. Oklahoma, authored by the most interesting man in federal Indian law, Neil Gorsuch.
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What Would Chief Justice Roberts Do?
Leah, Kate, and Melissa are joined by Dale Ho, director of the Voting Rights Project at the ACLU and low-key star of The Fight.
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Join Your Conflagrations
Leah, Kate, and Melissa are joined by Josie Duffy Rice, the President of The Appeal, to discuss the partnership with The Appeal. They also discuss breaking news, some criminal justice issues on the Court’s docket last term and this upcoming term, before closing with some recent advances on #brorights.
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RERELEASE: Bonus Pod- Melissa Murray on ACLU's "At Liberty"!
Melissa joins the ACLU's Emerson Sykes for an episode of their podcast, At Liberty. The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving.
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The Civility Alarm
Leah is joined by Amir Ali and Devi Rao from the Supreme Court & Appellate Program of the MacArthur Justice Center and Tiffany Wright of Orrick to discuss (the lack of) diversity in the appellate bar and its consequences. They also discuss two new organizations, The Appellate Project and Law Clerks for Diversity, that are trying to increase diversity in the appellate bar.
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Magical Moment
Leah and Kate are joined by Sherrilyn Ifill, President and Director-Counsel of NAACP LDF. They further break down the “shadow docket” cases from last term, highlight an underappreciated theme of the last term, and identify some things to watch in the next few months.
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Five-Dimensional Chess
Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts.
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"Three Generations of Imbeciles"
Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.
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How To Train Your Killer Whale
Leah Melissa, Jaime, and Kate recap the last term -- high points (flushgate), low points (you’ve heard some of these before), and everything in between. They also discuss the psychology behind how to train our country’s new median #SCOTUS killer whale, John Roberts. Oh, and there are LOTS of announcements and breaking news on this episode too.
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Diploma Privilege
Leah is joined by Dr. Pilar Escontrias, one of the founders of United for Diploma Privilege. United for Diploma Privilege is seeking to address the calamity of bar examinations (and admissions) in the midst of the coronavirus pandemic. Listen, learn, and take action!
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Well Played, Sirs
*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead!
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Trollito
Leah and Kate discuss four big Supreme Court cases that came down last week (June Medical with special guest Julie Rikelman, Seila Law, Espinoza, and Alliance for an Open Society). Somehow, in three of those cases, Chief Justice Roberts defied his liberal instincts and voted to join 5-4 opinions with his fellow conservatives. They also discuss some recent news and rumors involving the Court and give Justice Alito a new nickname.
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Save Your Yarn
*airhorn* The Supreme Court released the opinion in June Medical Services v. Russo-- this term's big abortion case. Leah, Melissa, and Kate discuss.
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Thanks For The Footnote
Leah, Melissa, and Kate are joined by Anil Kalhan to break down the Supreme Court’s important immigration habeas case, Department of Homeland Security v. Thuraissigiam, as well as some DOJ developments.
Check out our new anniversary merch on our website!
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PODIVERSARY GIVEAWAY
A giveaway to mark our one year podiversary!
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Second Glow HH!
A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters!
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2020 Bingo Card
Leah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision).
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Josh Hawley's Tears
Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today!
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Carpool Dad
Melissa and Leah are joined by Elie Mystal, justice correspondent for The Nation, to discuss why the Supreme Court doesn't get the media coverage it deserves.
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Turd In The Punch Bowl
Leah, Melissa, and Kate offer a quick recap and analysis of the 6-3 opinion in Bostock v. Clayton County that came out this morning, ruling that LGBTQ are afforded workplace protections under Title VII.
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Blood-Stained Bunny Costume
Because constitutional law makes everything more fun, Leah and Melissa decided to spot constitutional law issues in Netflix’s quarantine hit, Joe Exotic. They are joined by Delci Winders, Assistant Clinical Professor & Director of Animal Rights Clinic, Lewis & Clark Law School, who shares some of the important animal rights and animal welfare issues the show left out. This one goes out to you, Carole Baskin!
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Made Up Immunities
Kate and Jaime discuss contributors to injustice--doctrines that encourage (or at least immunize) racial profiling and police misconduct-- with Fred Smith Jr, associate professor at Emory University School of Law. They also discuss some recent court news and recap a few opinions.
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June First
We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter
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What's The Mouse Going To Do?
Kate and Leah recap the other big argument from the May sitting they didn’t get a chance to last time -- the faithless (or is it Hamiltonian? Or defecting? Or mavericky?) electors cases. They also discuss some findings about the Court’s telephonic arguments and the BIG (aka not so big) opinions the Court has recently released.
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Earth to Nancy
Leah and Kate break down the major arguments in the presidential immunity and subpoena cases as well as the major (?) social media and supporter updates for the podcast! They also discuss McGirt v. Oklahoma and the ministerial exemption cases. And enforcing the Voting Rights Act too (of course).
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- 5/31 – Washington DC
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Flushgate
In this jam-packed episode, Jaime and Melissa recap the Supreme Court’s first-ever telephonic arguments, delve into how three men advocated for or against contraceptive coverage for women, preview next week’s high-profile arguments, and recap some recent opinions. Whoa, it’s exhausting even just typing that.
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- 5/31 – Washington DC
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Happy Hour!
We'll be hosting a happy hour to thank our glow subscribers!
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- 5/31 – Washington DC
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Stay Frustrated
Kate and Melissa are joined by special guest Emily Bazelon to talk about her New York Times Magazine article, “How Will Trump’s Supreme Court Remake America?” Plus, we've got opinions that offer some hints to what future cases might me on the justices' minds.
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Pit of Piranhas
In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the Wall Street Journal.
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Workplace Misconduct And The Federal Courts
Leah and Jaime are joined by Deeva Shah (from Law Clerks for Workplace Accountability) and Sejal Singh and Emma Janger (from People’s Parity Project) for a discussion about workplace misconduct and the federal courts.
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- 5/31 – Washington DC
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Podapalooza Live Event
We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET!
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- 5/31 – Washington DC
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Podapalooza Teaser
This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org
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- 5/31 – Washington DC
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Stop Trying To Make Democracy Happen
On this special episode, prepared for PODAPALOOZA, Leah, Melissa, Jaime, and Kate discuss some COVID-related Court issues. That includes the Court’s upcoming telephonic arguments; its order in the Wisconsin election case; and some other COVID-related cases that might make their way to the Court soon.
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- 5/31 – Washington DC
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BONUS: Supreme Inequality with Adam Cohen
Back in February, when crowds were still a thing, Melissa interviewed Adam Cohen about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America.
Adam examines the conservative tilt of the Supreme Court since the Nixon administration and forward through the last 50 years. The Supreme Court after Justice Earl Warren no longer protected the rights of the poor, the disadvantaged, equally and instead moved forward to deprioritize such issues as school desegregation, voting rights and the protection of workers and instead, prioritize decisions that favored wealthy and corporate interests.
Thanks to the Brennan Center for Justice at NYU School of Law for letting us share this riveting conversation with Strict Scrutiny listeners.
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- 5/31 – Washington DC
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Build A Bridge
A special opinions episode! The Supreme Court has issued a lot of opinions recently, and we wanted to get you caught up on some of them.
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- 5/31 – Washington DC
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Throwing Elbows
Leah and Jaime recap other arguments from the February sitting that was a lifetime ago! They cover Sineneng-Smith v. United States, DHS v. Thuraissigiam, and of course a case argued by that guy Paul -- Seila Law v. CFPB.
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- 5/31 – Washington DC
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We See You, Steve
Just what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be.
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- 5/31 – Washington DC
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The Ghost of Phyllis Schlafly
Kate and Melissa join forces with Lauren Moxley, creator of The Ginsburg Tapes, for an exploration of the Equal Rights Amendment.
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- 5/31 – Washington DC
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No Jonathans Or Pauls
Boston University School of Law put together an amazing live show! Leah, Melissa, and Jaime are joined by two fabulous BU law professors, Sarah Sherman-Stokes and Danielle Citron (MacArthur genius and Strict Scrutiny ninja). The group proclaims victory for gender parity and previews two cases (US v. Sineneng-Smith and Seila v. CFPB) before discussing Danielle's work on deep fakes and taking a question from the wonderful audience. This event was recorded live at WBUR CitySpace in Boston. Thanks to WBUR and BU for the very warm welcome!
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- 5/31 – Washington DC
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BONUS: Jaime Santos on Our Curious Amalgam
Jaime Santos joins John Roberti and Christima Ma from Our Curious Amalgam to talk antitrust and the Supreme Court!
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- 5/31 – Washington DC
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Cassandra Moment
While Kate and Jaime recover from the live show, Leah and Melissa bring some exciting impeachment updates … including the Chief Justice caught on camera in Strict Scrutiny SWAG (?!?). They also recap two of the January arguments, Espinoza v. Montana Department of Revenue and Shular v. United States, and offer some “I told you so” s about the Court’s recent cert grants.
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- 5/31 – Washington DC
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Standing Cheese
In the very first live show, Strict Scrutiny goes blue at the University of Michigan in Ann Arbor! The full crew recaps two arguments from the January sitting (Kelly v. United States and Thole v. US Bank) and notes some uncomfortable interactions inside and outside of One First Street. They also discuss upcoming student conventions for the American Constitution Society and People’s Parity Project after Leah and Melissa explain to Kate and Jaime what GTL means. Thanks to our hosts, the ACS student chapter at the University of Michigan!
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- 5/31 – Washington DC
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Criminally Petty
Kate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild.
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- 5/31 – Washington DC
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BONUS: Kate Shaw on Why is This Happening? with Chris Hayes
It's a mash-up! Kate Shaw joins Why Is This Happening? with Chris Hayes to talk all things impeachment.
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- 5/31 – Washington DC
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Not Afraid of Garland
Melissa and Jaime deck the halls with argument recaps, cert grants, and opinions-- plus some speculation about upcoming wardrobe choices for Chief Justice Roberts.
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- 5/31 – Washington DC
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Here Come the Generals
Jaime, Kate, and Melissa break down the DACA argument and speak with Luis Cortes, who worked on the DACA case and is a DACA recipient himself. They also talk about their favorite Thanksgiving sides and desserts.
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- 5/31 – Washington DC
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Moot and Rally
Leah and Kate discuss a case that isn’t even a real case involving a real law, as well as the very real and very important Affordable Care Act case on the Court’s December calendar. They also recap some Federalist Society Gala happenings and developments in the cases involving subpoenas for the President’s financial records.
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- 5/31 – Washington DC
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Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center)
In this special bonus episode, Melissa and Kate are joined by co-editor Reva Siegel to discuss their book "Reproductive Rights & Justice Stories," in a conversation moderated by Rebecca Traister and hosted by the Brennan Center for Justice at NYU School of Law.
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- 5/31 – Washington DC
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
This is Kansas
Leah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity.
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- 5/31 – Washington DC
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BONUS: Melissa Murray on ACLU's "At Liberty"
The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving. Melissa Murray — an expert in family law, constitutional law, and reproductive rights and justice at the New York University School of Law — discusses why the institution looms so large in America's past and present. This episode was recorded live at the Brooklyn Public Library, as part of “‘Til Victory is Won,” an evening commemorating the 400th anniversary of the arrival of the first enslaved Africans to America’s shores.
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- 5/31 – Washington DC
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Where My Girls At?
On this episode, Kate and Melissa talk breaking SCOTUS news; preview three cases from the upcoming November sitting -- DACA, Hernandez v. Mesa, and Comcast; and go deep on amicus invitations and (lack of) diversity in the Supreme Court bar.
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- 5/31 – Washington DC
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Repeat Players
Leah and Jaime recap some of the Supreme Court’s October cases, including Ramos v. Louisiana, Mathena v. Malvo, and Aurelius Investment v. Puerto Rico. Then they pretend the Supreme Court had no additional cert grants before leaving listeners with a deep thought … slash question.
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- 5/31 – Washington DC
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Rick Perry and the German Policeman
On this special Title VII episode, Leah, Jaime, and Kate are joined by a special guest – Jay Austin, Senior Associate Dean of Enrollment and Financial Aid at Rutgers Law School. Together they recap the Title VII arguments (which means a lot of bathroom talk).
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- 5/31 – Washington DC
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Calm Before the Storm
On this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)
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- 5/31 – Washington DC
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Eat Your Spinach
After a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves.
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- 5/31 – Washington DC
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Pineapple & Rage
In our final summer episode, it’s a reproductive rights and justice block party (or wake, depending on your perspective). Leah, Melissa, and Kate discuss the reproductive rights and justice cases that made their way to the Supreme Court, the cases that almost made their way to the Court, and the cases that might make their way to the Court soon. They also point out how many of the Court’s cases have implications for reproductive justice before walking through some recent reproductive justice litigation involving the Supreme Court bar.
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- 5/31 – Washington DC
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Leg Day
In the second summer episode, Leah, Melissa and Jaime keep things light with a discussion of the Court's death penalty docket, the Armed Career Criminal Act cases from this past term, and Justice Kavanaugh's opinion in Flowers v. Mississippi. Kate also joins them to reflect on her time clerking for Justice John Paul Stevens. Last episode was our testing pancake, and this one is B-A-N-A-N-A-S.
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- 5/31 – Washington DC
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Sipping My Tea
In the inaugural episode of Strict Scrutiny, Leah, Melissa, Jaime, and Kate recap two of this term's biggest opinions--partisan gerrymandering and the census. They also walk through a theme of this term (stare decisis) before talking about the podcast's role in Supreme Court legal culture. It's Strict Scrutiny's test pancake, so enjoy the show!
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Is This Thing On?
Strict Scrutiny is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–- one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways.
The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 5/31 – Washington DC
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- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Podcasten Strict Scrutiny är skapad av Crooked Media. Podcastens innehåll och bilderna på den här sidan hämtas med hjälp av det offentliga podcastflödet (RSS).
En liten tjänst av I'm With Friends. Finns även på engelska.