Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because...a Democrat won the supreme court race. Finally, they discuss Kate’s rockstar testimony in front of the U.S. Senate Committee on the Judiciary and so...
Jun 09, 2025•1 hr 33 min
Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone , to talk about the avalanche of litigation again...
Jun 02, 2025•1 hr 34 min
Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause. Hosts’ favorite things:...
May 26, 2025•1 hr 24 min
May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case. Hosts...
May 19, 2025•1 hr 44 min
Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes . Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Read...
May 12, 2025•1 hr 36 min
Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review. Hosts’ fav...
May 05, 2025•1 hr 43 min
Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone , joins to discuss the rise of the creepy conservative pus...
Apr 28, 2025•1 hr 40 min
Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its...
Apr 21, 2025•1 hr 33 min
This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality . Hosts’ favorite thin...
Apr 14, 2025•1 hr 30 min
Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challenges to Trump’s ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs’ election to the Supreme Court of No...
Apr 07, 2025•1 hr 29 min
Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain. Hosts’ favorite things this week: Leah : After Dobbs , David Cohen & Carol Jaffe; Mayhem , Lady Gaga; Blac...
Mar 31, 2025•1 hr 34 min
After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI. Hosts’ favorite things this week: Leah: Fight! Fight! Fight! , Rebecca Traister; AOC’s Bluesky feed during the CR debate...
Mar 24, 2025•1 hr 25 min
Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America . They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education. Hosts’ favorite things this week: Melissa: The Trouble of Color: An American Family Memoir by Martha Jones; Paradise (Hulu) Leah: Bad Law by El...
Mar 17, 2025•1 hr 7 min
After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich of the New York Times about his new book, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful . Hosts’ favorite...
Mar 10, 2025•1 hr 12 min
Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.” Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://crooked.com/events Pre-or...
Mar 03, 2025•1 hr 18 min
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? Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/...
Feb 24, 2025•1 hr 21 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://crooked.com/e...
Feb 17, 2025•1 hr 14 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicag...
Feb 10, 2025•1 hr 25 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC ...
Feb 03, 2025•1 hr 12 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour ...
Jan 27, 2025•1 hr 17 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 –...
Jan 20, 2025•1 hr 14 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://crooked.com/events Pre-order your copy of Leah's forthcoming book, Lawless: How t...
Jan 17, 2025•38 min
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, 2025•1 hr 24 min
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 06, 2025•1 hr 2 min
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 hr 5 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://crooked.com/events Pre-order your copy of Leah's f...
Dec 16, 2024•1 hr 11 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC...
Dec 09, 2024•1 hr 10 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington ...
Dec 02, 2024•1 hr 6 min
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 . Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC...
Nov 25, 2024•1 hr 19 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://crooked.com/events Pre-or...
Nov 18, 2024•1 hr 3 min
