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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.
- 325 - 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).
Mon, 4 Nov 2024 - 50min - 324 - 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.
Mon, 28 Oct 2024 - 1h 27min - 323 - 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.
Mon, 21 Oct 2024 - 1h 04min - 322 - "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.
Mon, 14 Oct 2024 - 47min - 321 - 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.
Mon, 7 Oct 2024 - 1h 19min - 320 - 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.
Mon, 30 Sep 2024 - 1h 09min - 319 - 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.
Mon, 23 Sep 2024 - 1h 18min - 318 - 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.
Mon, 16 Sep 2024 - 1h 02min - 317 - 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, 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 “pro-life” laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.
Mon, 9 Sep 2024 - 58min - 316 - 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.
Mon, 2 Sep 2024 - 1h 14min - 315 - 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.
Mon, 26 Aug 2024 - 54min - 314 - 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?
Mon, 19 Aug 2024 - 1h 01min - 313 - 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.
Mon, 12 Aug 2024 - 1h 02min - 312 - 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.
Mon, 5 Aug 2024 - 1h 27min - 311 - 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.
Mon, 29 Jul 2024 - 1h 19min - 310 - 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.
Mon, 22 Jul 2024 - 1h 13min - 309 - 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 said.
Mon, 15 Jul 2024 - 1h 02min - 308 - 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?
Mon, 8 Jul 2024 - 1h 15min - 307 - 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.
Mon, 1 Jul 2024 - 46min - 306 - 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.
Sat, 29 Jun 2024 - 1h 06min - 305 - 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.
Fri, 28 Jun 2024 - 1h 02min - 304 - 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.
Wed, 26 Jun 2024 - 40min - 303 - 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!
Mon, 24 Jun 2024 - 1h 39min - 302 - 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.
Thu, 20 Jun 2024 - 33min - 301 - Mifepristone Stays on the Market (live from Tribeca!)
Live from New York, it's Strict Scrutiny! Elie Mystal joins 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 dole out some end-of-year superlatives to the justices.
Mon, 17 Jun 2024 - 1h 17min - 300 - 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.
Fri, 14 Jun 2024 - 42min - 299 - 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.
Mon, 10 Jun 2024 - 1h 10min - 298 - 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.
Mon, 3 Jun 2024 - 1h 11min - 297 - 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.
Fri, 31 May 2024 - 51min - 296 - 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.
Mon, 27 May 2024 - 1h 22min - 295 - 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.
Mon, 20 May 2024 - 1h 08min - 294 - 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!
Mon, 13 May 2024 - 1h 07min - 293 - 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!
Mon, 6 May 2024 - 1h 10min - 292 - 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!
Mon, 29 Apr 2024 - 1h 23min - 291 - 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.
Mon, 22 Apr 2024 - 1h 18min - 290 - 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.
Mon, 15 Apr 2024 - 1h 06min - 289 - 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.
Mon, 8 Apr 2024 - 1h 04min - 288 - 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.
Mon, 1 Apr 2024 - 1h 16min - 287 - 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.
Tue, 26 Mar 2024 - 17min - 286 - 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.
Mon, 25 Mar 2024 - 1h 22min - 285 - 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.
Mon, 18 Mar 2024 - 1h 18min - 284 - 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.
Mon, 11 Mar 2024 - 55min - 283 - 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 (heinous) reasoning and what it means going forward.
Tue, 5 Mar 2024 - 48min - 282 - 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.
Mon, 4 Mar 2024 - 1h 25min - 281 - 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, and hear from Sherrilyn Ifill about her work on the 14th Amendment.
Mon, 26 Feb 2024 - 1h 29min - 280 - 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.
Mon, 19 Feb 2024 - 1h 17min - 279 - 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.
Mon, 12 Feb 2024 - 1h 02min - 278 - 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.
Wed, 7 Feb 2024 - 31min - 277 - 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.
Mon, 5 Feb 2024 - 53min - 276 - 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.
Fri, 2 Feb 2024 - 50min - 275 - 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.
Mon, 29 Jan 2024 - 1h 25min - 274 - 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.
Mon, 22 Jan 2024 - 1h 06min - 273 - 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.
Mon, 15 Jan 2024 - 1h 07min - 272 - Trump's Eligibility, Cash for Clarence, and a Meditation for 2024Mon, 8 Jan 2024 - 1h 16min
- 271 - 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.
Mon, 1 Jan 2024 - 1h 01min - 270 - Behind the Scenes of Overturning Roe v. Wade
Leah, Kate, and Melissa talk with Jodi Kantor about her New York Times reporting with Adam Liptak, about some of the drama that happened at the Supreme Court as the majority sought to overturn Roe. Plus, updates on grants, argument recaps from Wisconsin, and our annual edition of our favorite things!
Mon, 18 Dec 2023 - 1h 26min - 269 - Fake Cases, Fake Facts, Real Implications
Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a case involving Purdue Pharma and the Sackler family. Plus, we have a breaking update on an abortion-related case out of Texas.
Mon, 11 Dec 2023 - 1h 14min - 268 - 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 two former clerks to Justice Sandra Day O'Connor to discuss her life and legacy.
Mon, 4 Dec 2023 - 1h 29min - 267 - A Deregulatory Sh*t Show Waiting to Happen
Kate, Melissa, and Leah preview the cases the Supreme Court will hear in December, and US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
Mon, 27 Nov 2023 - 1h 03min - 266 - A Code of Misconduct
Melissa, Leah, and Kate analyze the Supreme Court's newly released code of ethics, and assess the effects of abortion bans in Texas and Tennessee.
Mon, 20 Nov 2023 - 1h 18min - 265 - 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.
Mon, 13 Nov 2023 - 1h 12min - 264 - 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.
Mon, 6 Nov 2023 - 1h 08min - 263 - Trump's Legal Defense is Dumb AF
Leah, Melissa, and Kate get up to date on the various cases pending against former President Trump. Plus, they preview the First Amendment cases coming before the Supreme Court this week.
Mon, 30 Oct 2023 - 1h 07min - 262 - 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.
Mon, 23 Oct 2023 - 1h 13min - 261 - 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).
Mon, 16 Oct 2023 - 1h 08min - 260 - Not Especially JudiciousMon, 9 Oct 2023 - 1h 21min
- 259 - 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.
Mon, 2 Oct 2023 - 56min - 258 - 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.
Mon, 25 Sep 2023 - 52min - 257 - 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.
Mon, 18 Sep 2023 - 56min - 256 - 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.
Mon, 11 Sep 2023 - 1h 05min - 255 - 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 diversity in hiring clerks.
Mon, 4 Sep 2023 - 46min - 254 - 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.
Mon, 28 Aug 2023 - 1h 14min - 253 - 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.
Mon, 21 Aug 2023 - 1h 28min - 252 - The Rise and Fall of the Voting Rights Act
Ari Berman, author of Give Us the Ballot, joins Leah and Kate to track the passage of the Voting Rights Act, the challenges against it over the decades, and the Supreme Court's dismantling of it since its 2013 decision in Shelby County v. Holder.
Mon, 14 Aug 2023 - 1h 06min - 251 - The Dobbs Decision Hasn't Aged Well
Leah, Kate, and Melissa assemble a star-studded cast to do dramatic readings of last year's opinion that overturned Roe v. Wade.
Mon, 7 Aug 2023 - 1h 38min - 250 - 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.
Wed, 2 Aug 2023 - 36min - 249 - 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.
Mon, 31 Jul 2023 - 1h 16min - 248 - 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.
Wed, 26 Jul 2023 - 1h 06min - 247 - 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.
Mon, 24 Jul 2023 - 57min - 246 - 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.
Mon, 17 Jul 2023 - 59min - 245 - 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.
Mon, 10 Jul 2023 - 46min - 244 - 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.
Mon, 3 Jul 2023 - 1h 02min - 243 - 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.
Fri, 30 Jun 2023 - 49min - 242 - 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.
Thu, 29 Jun 2023 - 1h 02min - 241 - 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.
Tue, 27 Jun 2023 - 54min - 240 - 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.
Mon, 26 Jun 2023 - 1h 08min - 239 - 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.
Sat, 24 Jun 2023 - 44min - 238 - 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.
Mon, 19 Jun 2023 - 1h 16min - 237 - 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.
Wed, 14 Jun 2023 - 34min - 236 - 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 for a live show at Howard University School of Law.
Mon, 12 Jun 2023 - 1h 16min - 235 - "Not That Bad" is Still Bad!Mon, 5 Jun 2023 - 55min
- 234 - A Wrecking Ball to Environmental Law
Sam Sankar of Earthjustice joins Leah Litman and guest host Steven Mazie to discuss the impact of the Supreme Court's opinion in a case about clean water.
Mon, 29 May 2023 - 1h 16min - 233 - 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.
Mon, 22 May 2023 - 1h 02min - 232 - You Can Crime If You Want To
Melissa, Kate, and Leah catch up on the latest stories about questionable ethics at the Supreme Court-- including a couple of new opinions about political corruption and fraud.
Mon, 15 May 2023 - 1h 13min - 231 - 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.
Mon, 8 May 2023 - 1h 30min - 230 - 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.
Mon, 1 May 2023 - 1h 06min - 229 - 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 of 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.
Mon, 24 Apr 2023 - 1h 06min - 228 - The Ultimate in Anti-Abortion ExceptionalismMon, 17 Apr 2023 - 1h 09min
- 227 - 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 Joan Bikupic about her new book.
Mon, 10 Apr 2023 - 1h 23min - 226 - 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.
Wed, 5 Apr 2023 - 36min
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