Strict Scrutiny

Strict Scrutiny

Crooked Media

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...

The Atextual & Illegal Attack on Birthright Citizenship

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? Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservati

Feb 24, • 1:21:24

Yes, We’re in a Constitutional Crisis

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.  Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 1

Feb 17, • 1:13:54

DOGE Runs Amok & Originalism’s Ahistoricism

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. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Th

Feb 10, • 1:25:18

The Lawlessness, Chaos, & Cruelty of Trump 2.0

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. Follow us on Instagram, Threads, and Bluesky

Feb 3, • 1:11:37

Trump’s Onslaught of Executive Orders

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.  Follow us on Instagram, Threads, and Bluesky

Jan 27, • 1:16:57

SCOTUS's Porn Problem

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.   Follow us on Instagram, Threads, and Bluesky

Jan 20, • 1:13:37

SCOTUS Unanimously Upholds TikTok Ban

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. Follow us on Instagram, Threads, and Bluesky

Jan 17, • 38:05

Is TikTok’s Time Up?

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,

Jan 13, • 1:23:54

The Promise and Perils of Presidential Power

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 Citiz

Jan 6, • 1:01:56

Our Favorite Things, 2024

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–a

Dec 23, 2024 • 1:04:39

Jingle Bells, the Fifth Circuit Is Hell

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. Follow us on Instagram, Threads, and Bluesky

Dec 16, 2024 • 1:10:51

Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)

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. Follow us on Instagram, Threads, and Bluesky

Dec 9, 2024 • 1:09:59

Gender-Affirming Care in the Court’s Crosshairs

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.  Follow us on Instagram, Threads, and Bluesky

Dec 2, 2024 • 1:06:24

How Will Trump 2.0 Embolden SCOTUS to Gut the Law?

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.  Follow us on Instagram, Threads, and Bluesky

Nov 25, 2024 • 1:19:24

Trump’s Parade of Clowns, Idiots, and Creeps

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.   Follow us on Instagram, Threads, and Bluesky

Nov 18, 2024 • 1:03:17

Making Sense of the Election and What It Means for the Court

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. Follow us on Instagram, Threads, and Bluesky

Nov 11, 2024 • 52:39

Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

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). Follow us on Instagram, Threads, and Bluesky

Nov 4, 2024 • 50:24

Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs

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. Follow us on Instagram, Threads, and Bluesky

Oct 28, 2024 • 1:27:51

SCOTUS’s Endless Beef with the EPA

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. Follow us on Instagram, Threads, and Bluesky

Oct 21, 2024 • 1:04:14

"Ghost Guns" are Guns (Duh)

"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. Follow us on Instagram, Threads, and Bluesky

Oct 14, 2024 • 47:15

An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice

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 Ric

Oct 7, 2024 • 1:19:31

Steel Yourself for a New SCOTUS Term

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. Follow us on Instagram, Threads, and Bluesky

Sep 30, 2024 • 1:09:06

No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar

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. Follow us on Instagram, Threads, and Bluesky

Sep 23, 2024 • 1:18:43

The Battle for Native Rights & Comstock: The Zombie Law From Hell

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. Follow us on Instagram, Threads, and Bluesky

Sep 16, 2024 • 1:02:26

Reform, Repression, & Reproductive Rights (Live from Texas!)

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 Th

Sep 9, 2024 • 58:09

Shining a Light on State Supreme Court Races

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 weaponizati

Sep 2, 2024 • 1:14:29

Project 2025 (cont.): The Fascist Plan to Plunder the Government

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 26, 2024 • 54:10

Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks

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?  Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 19, 2024 • 1:01:36

State of the Uterus: Two Years After the End of Roe

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 12, 2024 • 1:02:38

Project 2025 (cont.): DEI for Men With Terrible Personalities

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 5, 2024 • 1:27:49

Project 2025: 900 Pages and 100% Deranged

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 29, 2024 • 1:19:14

The Hubris and Hackery of Aileen Cannon

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 22, 2024 • 1:13:49

We Read Josh Hawley's Book So You Don't Have To

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 15, 2024 • 1:02:56

A Terrible, Horrible, No Good, Very Bad Term

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 Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 8, 2024 • 1:15:49

SCOTUS Hands Trump Presidential Immunity

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 1, 2024 • 46:04

The Supreme Court Makes Its Biggest Power Grab in a Generation

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 29, 2024 • 1:06:16

SCOTUS Dodges the Question of Emergency Abortions

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 28, 2024 • 1:02:26

SCOTUS Greenlights Government Corruption

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. Follow us on Instagram, Threads, and Bluesky

Jun 26, 2024 • 40:03

A Very DC Saturday Night

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 domest

Jun 24, 2024 • 1:39:49

SCOTUS's Indefensible Delay in Trump's Immunity Case

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" Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 20, 2024 • 33:25

Mifepristone Stays on the Market (live from Tribeca!)

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,

Jun 17, 2024 • 1:17:16

The Textualist Case for Mass Shootings

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 14, 2024 • 42:30

Texas Doubles Down on Life-Threatening Abortion Ban

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 Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 10, 2024 • 1:10:20

Flags, Feuds, and Roberts' Rebuff

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 channelLeave 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

Jun 3, 2024 • 1:11:51

TRUMP FOUND GUILTY!

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. Follow us on Instagram, Twitter, Threads, and Bluesky

May 31, 2024 • 51:24

Time for Some Bad Decisions

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 Follow us on Instagram

May 27, 2024 • 1:22:21

The Alitos Let Their Freak Flag Fly

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' flagRevisit our episode recapping the oral arguments in the case challenging the CFPBWe’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter:Subscribe to Strict Scrutiny’s Youtube channelLeave a comment on our most recent video episode with your favor

May 20, 2024 • 1:08:02

The Pick-Me Boys and Girls of the Federal Judiciary

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 Follow us on Instagram, Twitter, Th

May 13, 2024 • 1:07:32

Asked and Answered: A Listener Mailbag Episode!

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.

May 6, 2024 • 1:10:51

SCOTUS Seems to Normalize Authoritarianism

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 Follow us on Insta

Apr 29, 2024 • 1:23:47

Will SCOTUS Let January 6 Defendants Off the Hook?

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" Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 22, 2024 • 1:18:30

SCOTUS’s Final Sitting of the Term Is A Doozy

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 ba

Apr 15, 2024 • 1:06:36

Florida Becomes a Battleground for Reproductive Rights

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

Apr 8, 2024 • 1:04:13

The Absurd Fiction of the Mifepristone Case

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.Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.ICYMI, we did a quick reaction episode

Apr 1, 2024 • 1:16:19

The Supreme Court Abortion Pill Case

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 26, 2024 • 17:24

Texas, Immigration, and Easily Avoidable Chaos

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. Follow us on Instagram, Threads, and Bluesky

Mar 25, 2024 • 1:22:45

Welcome to Conservative Grievance Week

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

Mar 18, 2024 • 1:18:11

The TLDR of Trump's Indictments

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

Mar 11, 2024 • 55:40

SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)

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" Follow us on Instagram

Mar 5, 2024 • 48:34

Content Moderation, Machine Guns, and Trump's Trial Calendar

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,

Mar 4, 2024 • 1:25:47

The Alabama Supreme Court Embraces Fetal Personhood

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 a

Feb 26, 2024 • 1:29:17

The Good, The Bad, And The Ugly From State Courts

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 An

Feb 19, 2024 • 1:17:29

SCOTUS Has Their Own Theories About Trump’s Eligibility

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.  Follow us on Instagram, Threads, and Bluesky

Feb 12, 2024 • 1:02:45

Why Did Trump Get Denied Immunity?

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. Follow us on Instagram, Threads, and Bluesky

Feb 7, 2024 • 31:33

Does the Constitution Disqualify Trump from Presidency?

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. Follow us on Instagram, Twitter, Thre

Feb 5, 2024 • 53:05

E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"

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 20

Feb 2, 2024 • 50:32

Who Has Final Authority At The Border?

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. Follow us on Instagram, Threads, and Bluesky

Jan 29, 2024 • 1:25:23

AITA? SCOTUS Edition

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 Follow us on Instagram, Threads, and Bluesky

Jan 22, 2024 • 1:06:14

The Legality of Presidents Doing Whatever They Want

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 poli

Jan 15, 2024 • 1:07:51

Trump's Eligibility, Cash for Clarence, and a Meditation for 2024

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 wi

Jan 8, 2024 • 1:16:44

New Year, Same Court

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?" Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 1, 2024 • 1:01:54

Behind the Scenes of Overturning Roe v. Wade

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

Dec 18, 2023 • 1:26:10

Fake Cases, Fake Facts, Real Implications

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 originalismListen to our recent episode on another abortion-related case out of Texas Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 11, 2023 • 1:14:17

Taking a Hatchet to Government Agencies

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 19t

Dec 4, 2023 • 1:29:49

A Deregulatory Sh*t Show Waiting to Happen

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. SECRead Justice Jackson

Nov 27, 2023 • 1:03:32

A Code of Misconduct

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

Nov 20, 2023 • 1:18:50

The Supreme Court's Second Amendment Mess

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 Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 13, 2023 • 1:12:01

Doing Government on Twitter

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 o

Nov 6, 2023 • 1:08:21

Trump's Legal Defense is Dumb AF

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 EllisRead the NYT on Amy Coney Barrett's remarks at the University of Minnesota and Clarence Thomas's RV loanRead

Oct 30, 2023 • 1:07:11

Texas is a Magic 8 Ball for the Country

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 23, 2023 • 1:13:05

Big BROTUS Energy

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 CourtPlease consider donating the

Oct 16, 2023 • 1:08:14

Not Especially Judicious

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. Follow us on Instagram, Twitter, Thread

Oct 9, 2023 • 1:21:26

What Fresh Hell Will This Supreme Court Term Bring?

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. Follow us on Instagram, Threads, and Bluesky

Oct 2, 2023 • 56:56

Will the Government (as we know it) Still Be Constitutional?

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) ethica

Sep 25, 2023 • 52:45

Lights, Camera, SCOTUS!

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.  Follow us on Instagram, T

Sep 18, 2023 • 56:25

KBJ's Rookie Year

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 hearingsFollow @CrookedMedia on Instagram and Twitter for more original content,

Sep 11, 2023 • 1:05:32

After Affirmative Action

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.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Inst

Sep 4, 2023 • 46:24

Can These Courts Be Reformed?

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 jud

Aug 28, 2023 • 1:14:29

The Aesthetic Enjoyment of Other People’s Uteruses

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 StudyGet more background on the mifepristone case in our episodes from earlier this y

Aug 21, 2023 • 1:28:35

The Rise and Fall of the Voting Rights Act

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 Twitt

Aug 14, 2023 • 1:06:13

The Dobbs Decision Hasn't Aged Well

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 Bret

Aug 7, 2023 • 1:38:33

Trump Indicted Again Again

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 2, 2023 • 36:40

America's First Civil Rights Movement

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

Jul 31, 2023 • 1:16:01

BONUS: #WITHpod & Strict Scrutiny Crossover

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

Jul 26, 2023 • 1:06:18

Shining Light on the Shadow Docket

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 even

Jul 24, 2023 • 57:16

Clarence Thomas's America

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. Follow us on Instagram, Threads, and Bluesky

Jul 17, 2023 • 59:29

How the Federalist Society Took Over

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.

Jul 10, 2023 • 46:47

What else can the Supreme Court get away with?

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 breakd

Jul 3, 2023 • 1:02:15

Student Debt Relief Bad, Bigotry Good

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

Jun 30, 2023 • 49:48

The End of Affirmative Action

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"Foll

Jun 29, 2023 • 1:02:35

Is ISL dead? IDK.

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 y

Jun 27, 2023 • 54:12

A Fear of Too Much Justice

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.

Jun 26, 2023 • 1:08:48

BONUS: This Land on the Indian Child Welfare Act

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 24, 2023 • 44:02

Good News for the Indian Child Welfare Act

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 Wel

Jun 19, 2023 • 1:16:52

Trump Arraigned and Arrested (BONUS episode)

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 tak

Jun 14, 2023 • 34:00

A Win for Multiracial Democracy

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. MilliganRead Melissa Murray's op ed with Steve Vladeck in The Washington PostListen to argument recaps for Jack Da

Jun 12, 2023 • 1:16:29

"Not That Bad" is Still Bad!

"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 J

Jun 5, 2023 • 55:01

A Wrecking Ball to Environmental Law

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

May 29, 2023 • 1:16:35

Anti-Abortion Litigation at Warp Speed

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.

May 22, 2023 • 1:02:52

You Can Crime If You Want To

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,

May 15, 2023 • 1:13:32

Asked and Answered: A Listener Mailbag Episode!

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. Follow us on Instagr

May 8, 2023 • 1:30:33

Ethics, Shmethics

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. Follow us on Instagram, Twitter, Th

May 1, 2023 • 1:06:37

What's next for mifepristone?

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 pav

Apr 24, 2023 • 1:06:39

The Ultimate in Anti-Abortion Exceptionalism

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

Apr 17, 2023 • 1:09:13

Mifepristone, Mega Yachts, and Maskgate

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 pres

Apr 10, 2023 • 1:23:18

The Arrest is History

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. Follow us on Instagram, Threads, and Bluesky

Apr 5, 2023 • 36:19

The Supreme Importance of Wisconsin's Election

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 o

Apr 3, 2023 • 1:08:06

Is It Infringement If It's Funny?

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. Follow

Mar 27, 2023 • 1:01:38

Fueling the Conservative Grievance Machine

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 Twit

Mar 20, 2023 • 1:07:34

Shielded: How the Police Became Untouchable

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

Mar 13, 2023 • 1:15:20

Ascertaining the Majorness of Student Debt Relief

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 la

Mar 6, 2023 • 1:18:51

Not the Nine Greatest Experts on the Internet

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. Follow us on Instagram, Threads, and Bluesky

Feb 27, 2023 • 1:02:33

Will the Supreme Court break the Internet?

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 Follow us on Ins

Feb 20, 2023 • 1:02:22

The Originalist Case for Terrorizing Women

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 t

Feb 13, 2023 • 57:37

The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage

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 foresha

Feb 6, 2023 • 45:58

Lady Justice: Women, the Law, and the Battle to Save America

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

Jan 30, 2023 • 53:06

Cosplaying an Investigation

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 las

Jan 23, 2023 • 1:10:37

Busting Unions and Dodging Opinions

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 Melis

Jan 16, 2023 • 1:06:56

The Long Game to Weaken Workers' Rights

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 9, 2023 • 1:01:18

Civil Rights Queen

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 C

Dec 26, 2022 • 1:04:25

All I Want For Christmas Is Democracy

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 wint

Dec 19, 2022 • 1:19:30

How the 303 Creative case threatens to roll back the 21st century

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.  Follow us on Instagram, Threads, and

Dec 12, 2022 • 1:09:36

Making Fraud Great Again

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

Dec 5, 2022 • 1:15:09

Turning Fan Fiction Into Reality

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.  Follow us on Instagram, Threads, and Bluesky

Nov 28, 2022 • 1:10:23

Justice Samuel A-leak-o?

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. Follow us on Instagram, Threads, and Bluesky

Nov 21, 2022 • 42:43

The Uncertain Future of the Indian Child Welfare Act

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

Nov 14, 2022 • 1:27:02

Affirmative Action Reaction

Affirmative Action Reaction

Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week. Follow us on Instagram, Threads, and Bluesky

Nov 7, 2022 • 1:25:45

Open Season on Precedents

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 Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 30, 2022 • 1:08:39

Credible: Why We Doubt Accusers and Protect Abusers

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 24, 2022 • 49:08

Pigs, Prince, and Proven Innocence

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 17, 2022 • 1:06:36

Limiting the Inevitable Damage

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 10, 2022 • 1:09:08

How SCOTUS Distorts Democracy

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.  Follow us on Instagram, Threads, and Bluesky

Oct 3, 2022 • 1:07:01

Judicial Joyriding

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. Foll

Sep 26, 2022 • 1:10:27

Unprincipled and Inconsistent Voting Rights Shenanigans

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? Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 19, 2022 • 52:43

Please Pay Attention to State Courts and Constitutions

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. Follow us on Instagram, Threads, and Bluesky

Sep 12, 2022 • 57:29

Debunking the Independent State Legislature Fantasy

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.  Follow us on Instagram, Threads, and Bluesky

Sep 5, 2022 • 54:31

Fossil Fuel Rules Everything Around Me

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. Follow us on Instagram, Threads, and Bluesky

Aug 29, 2022 • 51:37

What the Fight After Roe Actually Looks Like

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 22, 2022 • 1:23:47

Women Are Not Without Power

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 15, 2022 • 1:17:02

Hostility to Mercy

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 Follow us on Instagram, Twitter, Threa

Aug 8, 2022 • 51:26

Law & Religion on the Barrett Court

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. Follow us on Instagram, Threads, and Bluesky

Aug 1, 2022 • 1:02:16

The Family Roe: An American Story

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 25, 2022 • 57:07

How Mitch Rigged the Courts

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 "Mov

Jul 18, 2022 • 51:27

Break Glass in Case of Emergency

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/ Follow us on Instagram, Threads, and Bluesky

Jul 11, 2022 • 1:14:10

Smashing Precedents and Making Up Facts

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

Jul 4, 2022 • 1:03:57

Just how bad is the Supreme Court's EPA decision?

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 1, 2022 • 22:02

This Maximalist Conservative Supermajority

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

Jun 27, 2022 • 1:01:47

Roe is dead. Now what?

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

Jun 25, 2022 • 1:05:16

How SCOTUS gutted our gun laws

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 24, 2022 • 1:01:30

Reeking of Impropriety

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. Follow us on Instagram, Threads, and Bluesky

Jun 20, 2022 • 58:29

Queer Supremacy (A Pride Special)

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 16, 2022 • 1:06:12

The Newly Constituted and Restless

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-argumen

Jun 13, 2022 • 48:46

Allow Me To Retort

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. Follow us on Instagram, Threads, and Bluesky

Jun 6, 2022 • 1:03:20

Innocence Isn't Enough

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

May 30, 2022 • 1:10:39

The Only Loser is the Public

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-rela

May 23, 2022 • 1:04:50

What's next in a post-Roe world

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

May 16, 2022 • 1:14:00

Stay Mad Like Sam

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 Follow us on Instagram, Twitter, Threads, and Bluesky

May 9, 2022 • 1:09:55

What the SCOTUS leak could mean for abortion

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/roeLearn more about your ad choices. Visit podcastchoices.com/adchoices

May 3, 2022 • 52:13

What the SCOTUS leak could mean for abortion

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 Follow us on Instagram, Twitter, Threads, and Bluesky

May 3, 2022 • 52:15

The Inner Life of Coach Kavanaugh

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

May 2, 2022 • 1:10:20

Coup, But Make It Look Legal

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 25, 2022 • 1:01:22

The Non-Existent Establishment Clause

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 18, 2022 • 58:03

Justice on the Brink

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. Follow us on Instagram, Threads, and Bluesky

Apr 11, 2022 • 49:28

Light Conspiracy Theories

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]. Follow us on Instagram, Threads, and Bluesky

Apr 4, 2022 • 57:02

Backwards and in High Heels

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 28, 2022 • 1:19:17

Go Down Clutching the Constitution

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 wor

Mar 21, 2022 • 1:14:25

Living Textualism

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. Follow us on Instagram, Threads, and Bluesky

Mar 14, 2022 • 44:24

Canon Wars

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?

Mar 7, 2022 • 1:29:39

Indian Law Hall of Fame

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?!? Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 3, 2022 • 53:11

KBJ, All the Way!

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 28, 2022 • 1:05:43

I Don't Wanna

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). Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 26, 2022 • 1:16:10

We're Doing S'mores

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 21, 2022 • 54:45

Speedy Sonia

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.

Feb 16, 2022 • 43:37

Party Like It's 1935

Party Like It's 1935

Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.  Follow us on Instagram, Threads, and Bluesky

Feb 14, 2022 • 52:18

Further Erosion

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.  Follow us on Instagram, Threads, and Bluesky

Feb 9, 2022 • 33:23

Supreme Ambition

Supreme Ambition

Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.

Feb 7, 2022 • 56:40

Mensch On The Bench

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 31, 2022 • 1:16:17

Comeback Kid

Comeback Kid

Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 27, 2022 • 35:34

Putting the Tea in Totenberg

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. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)Follow us on Instagram, Threads, and Bluesky

Jan 24, 2022 • 58:34

BONUS: Strict Scrutiny x Why Is This Happening?

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,

Jan 19, 2022 • 1:02:04

Hot Potato

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 17, 2022 • 54:21

Putting the F in FDR

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. Follow us on Instagram, Threads, and Bluesky

Jan 14, 2022 • 42:48

Justice for Snowflake

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 10, 2022 • 56:49

No Laws, Just Vibes

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. Follow us on Instagram, Threads, and Bluesky

Jan 8, 2022 • 1:14:02

Laboratories of Autocracy

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. Follow us on Instagram, Threads, and Bluesky

Jan 3, 2022 • 31:37

The People's Constitution

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. Follow us on Instagram, Threads, and Bluesky

Dec 27, 2021 • 43:02

Our Favorite Things, 2021

Our Favorite Things, 2021

Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things. To wearWool leg warmers from LunyaWashable silk pajamas from LunyaTrue BotanicalsKari Gran mini kitThe Lady Doth Etsy shopTaylor Swift merch To readMy Monticello, by Jocelyn Nicole JohnsonThe Silence of the Girls, by Pat BarkerThe Women of Troy, by Pat BarkerThe 1619 ProjectBorn on the Water, Nikole Hannah-Jones and Renee WatsonHow to be Successful Without Hurting Men’s Feelings, by Sarah Cooper To eatThis Little

Dec 20, 2021 • 43:38

The Marshmallow Experiment

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" We rely on listeners to keep the show funded! You can become a Glow support

Dec 13, 2021 • 1:28:34

A Uterus, If You Can Keep It

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!) Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 10, 2021 • 41:17

Let's Be Legends

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.Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours.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 Re

Dec 6, 2021 • 1:11:07

Fourth Dimension Feminism

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 2, 2021 • 1:08:12

Sad Girl Autumn

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 29, 2021 • 54:00

At Liberty: This Fall’s Fight Against Forced Pregnancy

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 abort

Nov 22, 2021 • 40:16

Self-Own Sam

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!

Nov 15, 2021 • 1:12:49

Have They Heard of Frat Houses?

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 11, 2021 • 31:31

Arbitration Rat

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.) Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 8, 2021 • 1:09:53

Foreign in a Domestic Sense

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? Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 5, 2021 • 28:41

Some Geniuses

Some Geniuses

Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 2, 2021 • 52:21

That’s Just Like, Your Opinion, Man

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 1, 2021 • 1:08:41

Fatally Unequal

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 25, 2021 • 1:01:10

Watch This Space

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 22, 2021 • 14:56

Per My Last Email

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 18, 2021 • 1:07:49

Latte Liberal

Latte Liberal

Melissa, Leah, and Kate recap the first week of the October sitting. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 11, 2021 • 1:07:24

Troll World Tour

Troll World Tour

Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 4, 2021 • 1:13:05

Hashtag YOLO

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 27, 2021 • 33:39

Sounds Legit

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 20, 2021 • 46:58

Meager Sentences

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.  Follow us

Sep 13, 2021 • 53:50

Messing with Texas

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 11, 2021 • 46:09

Untitled Dating Show

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…. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 6, 2021 • 43:13

Flagrantly Unconstitutional

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 4, 2021 • 45:48

Message Received

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 2, 2021 • 40:04

Sexual Justice

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. Follow us on Instagram, Threads, and Bluesky

Aug 30, 2021 • 54:29

How Rights Went Wrong

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 23, 2021 • 54:06

Open Wound

Open Wound

Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 16, 2021 • 47:14

Superminority Status

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. Follow us on Instagram, Threads, and Bluesky

Aug 9, 2021 • 1:03:18

Born Tired

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 2, 2021 • 56:28

Anti-Democratic Super Weapon

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 26, 2021 • 50:20

Justice, Justice Thou Shalt Pursue

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 a

Jul 19, 2021 • 53:09

Roses & Thorns

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 12, 2021 • 1:23:12

Textually Challenged

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. Follow us on Instagram, Threads, and Bluesky

Jul 5, 2021 • 1:25:16

An Insult to History

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 1, 2021 • 1:07:34

Tired of These Fools

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 28, 2021 • 56:30

Comrade Thomas

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). Follow us on Instagram, Threads, and Bluesky

Jun 25, 2021 • 53:10

Cheerleaders for Democracy

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 24, 2021 • 59:13

Love and Basketball

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 21, 2021 • 36:25

Amuse Bouche

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 18, 2021 • 41:58

State Courts Are Where It's At

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 15, 2021 • 40:13

Presto!

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 joine

Jun 11, 2021 • 1:02:07

Fetishistically Textualist

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. Follow us on Instagram, Threads, and Bluesky

Jun 4, 2021 • 48:23

Death Eaters

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. Follow us on Instagram, Threads, and Bluesky

May 31, 2021 • 1:04:24

Siren Songs

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. Follow us on Instagram, Twitter, Threads, and Bluesky

May 26, 2021 • 51:48

Hysterical Lady Brains

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. Follow us on Instagram, Threads, and Bluesky

May 24, 2021 • 1:07:08

When There Are 535

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. Follow us on Instagram, Threads, and Bluesky

May 17, 2021 • 53:12

Drained Pool Politics

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. Follow us on Instagram, Threads, and Bluesky

May 10, 2021 • 51:55

Burn Book on Purposivism

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. Follow us on Instagram, Twitter, Threads, and Bluesky

May 3, 2021 • 1:14:42

Barking Goldfish

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 26, 2021 • 54:40

Right for the Wrong Reasons

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.

Apr 19, 2021 • 1:01:49

Tsunami of Slime

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 12, 2021 • 53:57

Sausage Fest

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 5, 2021 • 1:06:07

Spaceships and Serial Killers

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 29, 2021 • 1:11:20

Dear Steve

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 22, 2021 • 53:25

Amend: The Fight for America

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 15, 2021 • 49:02

Get to the Punchline

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 8, 2021 • 58:12

Toddler Logic

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. Follow us on Instagram, Threads, and Bluesky

Mar 1, 2021 • 59:17

Wilding Out

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. Follow us on Instagram, Threads, and Bluesky

Feb 22, 2021 • 53:39

Dude Process

Dude Process

Kate and Leah do a “snap” episode on the most recent impeachment proceedings. Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 15, 2021 • 53:12

Gold Highways

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 8, 2021 • 53:13

Dirty Damages

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 1, 2021 • 55:02

My Name Is Pauli Murray

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 25, 2021 • 53:08

Rinse & Repeat

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. Follow us on Instagram, Threads, and Bluesky

Jan 20, 2021 • 1:01:06

The Meme Lives

The Meme Lives

Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment. Follow us on Instagram, Threads, and Bluesky

Jan 11, 2021 • 1:03:44

No Coup For You

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 28, 2020 • 1:19:27

Our Favorite Things

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 23, 2020 • 20:38

When Reality Is Surreal

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 21, 2020 • 43:07

Normal Scrutiny

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 14, 2020 • 1:07:10

Big Whiteboard Energy

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 7, 2020 • 1:07:41

Call For Filings!

Call For Filings!

Send us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading! Follow us on Instagram, Threads, and Bluesky

Dec 6, 2020 • 0:48

Unfeathered Discretion

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 30, 2020 • 1:01:06

Cute as a Button

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). Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 23, 2020 • 1:09:21

Vice Signaling

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 16, 2020 • 1:12:07

Unlawful Generally

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 9, 2020 • 57:28

Yes, Virginia

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 2, 2020 • 59:32

Hot Mess

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 28, 2020 • 37:20

We The Women

We The Women

Kate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 26, 2020 • 1:08:15

Big Dog Energy

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. Follow us on Instagram, Threads, and Bluesky

Oct 19, 2020 • 1:00:10

Not A Mystery

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 15, 2020 • 40:53

The Red Death

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. Follow us on Instagram, Threads, and Bluesky

Oct 12, 2020 • 1:08:39

Fire Season

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.

Oct 5, 2020 • 1:04:31

The Women Tell All

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. Follow us on Instagram, Threads, and Bluesky

Sep 28, 2020 • 52:27

In Memoriam

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 21, 2020 • 56:30

I Want More

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. Follow us on Instagram, Threads, and Bluesky

Sep 14, 2020 • 59:44

Courts of the Conqueror

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. Follow us on Instagram, Threads, and Bluesky

Sep 7, 2020 • 51:42

What Would Chief Justice Roberts Do?

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.

Aug 31, 2020 • 1:00:47

Join Your Conflagrations

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 26, 2020 • 1:00:24

RERELEASE: Bonus Pod-  Melissa Murray on ACLU's "At Liberty"!

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 24, 2020 • 38:03

The Civility Alarm

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 17, 2020 • 51:15

Magical Moment

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 10, 2020 • 58:29

Five-Dimensional Chess

Five-Dimensional Chess

Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts. Follow us on Instagram, Twitter, Threads, and Bluesky

Aug 3, 2020 • 1:04:17

"Three Generations of Imbeciles"

"Three Generations of Imbeciles"

Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 27, 2020 • 1:00:46

How To Train Your Killer Whale

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. Follow us on Instagram, Threads, and Bluesky

Jul 20, 2020 • 1:16:29

Diploma Privilege

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! Follow us on Instagram, Threads, and Bluesky

Jul 13, 2020 • 38:13

The Bigotry of Low Expectations

The Bigotry of Low Expectations

Leah, Melissa, and Kate recap the presidential immunity cases and the ministerial exception case. They also do a deep dive into the Chief meting out punishments for hiccups during the May sitting. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Jul 13, 2020 • 58:08

Well Played, Sirs

Well Played, Sirs

*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead! Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 8, 2020 • 31:08

Trollito

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. Follow us on Instagram, Threads, and Bluesky

Jul 6, 2020 • 1:12:56

Save Your Yarn

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 30, 2020 • 24:29

Thanks For The Footnote

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 29, 2020 • 57:11

PODIVERSARY GIVEAWAY

PODIVERSARY GIVEAWAY

A giveaway to mark our one year podiversary! Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 24, 2020 • 2:09

Second Glow HH!

Second Glow HH!

A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters! Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 23, 2020 • 1:36

2020 Bingo Card

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). Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 22, 2020 • 1:15:02

Josh Hawley's Tears

Josh Hawley's Tears

Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today! Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 19, 2020 • 36:15

Carpool Dad

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 18, 2020 • 48:27

Turd In The Punch Bowl

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 15, 2020 • 20:12

Blood-Stained Bunny Costume

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! Follow us on Instagram, Threads, and Bluesky

Jun 15, 2020 • 53:39

Made Up Immunities

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 8, 2020 • 1:06:16

June First

June First

We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter Follow us on Instagram, Twitter, Threads, and Bluesky

Jun 1, 2020 • 1:25

What's The Mouse Going To Do?

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. Follow us on Instagram, Threads, and Bluesky

May 25, 2020 • 51:32

Earth to Nancy

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). Follow us on Instagram, Twitter, Threads, and Bluesky

May 18, 2020 • 1:21:21

Flushgate

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. Follow us on Instagram, Twitter, Threads, and Bluesky

May 11, 2020 • 1:15:08

Happy Hour!

Happy Hour!

We'll be hosting a happy hour to thank our glow subscribers! Follow us on Instagram, Twitter, Threads, and Bluesky

May 5, 2020 • 1:19

Stay Frustrated

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. Follow us on Instagram, Twitter, Threads, and Bluesky

May 4, 2020 • 1:02:42

Pit of Piranhas

Pit of Piranhas

In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the ​Wall Street Journal.​ Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 30, 2020 • 44:50

Workplace Misconduct And The Federal Courts

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 27, 2020 • 1:01:58

Podapalooza Live Event

Podapalooza Live Event

We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET! Follow us on Instagram, Threads, and Bluesky

Apr 24, 2020 • 1:29

Podapalooza Teaser

Podapalooza Teaser

This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 22, 2020 • 1:19

Stop Trying To Make Democracy Happen

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 20, 2020 • 52:21

BONUS: Supreme Inequality with Adam Cohen

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 desegrega

Apr 13, 2020 • 51:37

Build A Bridge

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Apr 6, 2020 • 1:05:52

Throwing Elbows

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 30, 2020 • 1:14:39

We See You, Steve

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Mar 23, 2020 • 1:01:31

The Ghost of Phyllis Schlafly

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.

Mar 2, 2020 • 1:18:54

No Jonathans Or Pauls

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 t

Feb 24, 2020 • 1:10:01

BONUS: Jaime Santos on Our Curious Amalgam

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Feb 17, 2020 • 32:56

Cassandra Moment

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 27, 2020 • 1:00:05

Standing Cheese

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 stud

Jan 20, 2020 • 1:05:21

Criminally Petty

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jan 13, 2020 • 1:01:32

BONUS: Kate Shaw on Why is This Happening? with Chris Hayes

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 23, 2019 • 50:30

Not Afraid of Garland

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. Follow us on Instagram, Threads, and Bluesky

Dec 16, 2019 • 1:08:11

Here Come the Generals

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 11, 2019 • 1:00:05

Moot and Rally

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Dec 2, 2019 • 1:13:24

Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center)

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. Follow us on Instagram, Threads, and Bluesky

Nov 27, 2019 • 1:05:37

This is Kansas

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.  Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 18, 2019 • 1:01:20

BONUS: Melissa Murray on ACLU's "At Liberty"

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

Nov 11, 2019 • 37:39

Where My Girls At?

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Nov 4, 2019 • 1:13:14

Repeat Players

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. Follow us on Instagram, Threads, and Bluesky

Oct 28, 2019 • 1:16:53

Rick Perry and the German Policeman

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). Follow us on Instagram, Twitter, Threads, and Bluesky

Oct 21, 2019 • 1:10:00

Calm Before the Storm

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!) Follow us on Instagram, Twitter, Threads, and

Oct 7, 2019 • 1:10:46

Eat Your Spinach

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Sep 30, 2019 • 1:09:46

Pineapple & Rage

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 lit

Sep 4, 2019 • 1:23:32

Leg Day

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. Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 22, 2019 • 1:14:40

Sipping My Tea

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! Follow us on Instagram, Twitter, Threads, and Bluesky

Jul 1, 2019 • 1:22:21

Is This Thing On?

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, respectf

Jun 19, 2019 • 1:24

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