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Strict Scrutiny

Crooked Mediacrooked.com
Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives. Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
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Episodes

SCOTUS Strengthens Conservative War on Education

Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s emergency episode on the birthright citizenship case, you can find it here . Hosts’ favorite things: Melissa : Jackson and Sotomayor dissents ( Mahmou...

Jun 30, 20251 hr 2 min

SCOTUS Clears the Way for Trump’s Lawlessness

In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes F...

Jun 27, 202552 min

SCOTUS Deals Massive Blow to Health Care Access

In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’s opinions and the Court’s cruel shadow docket order on “third country removals.” Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! ...

Jun 26, 202553 min

Ketanji Brown Jackson Sounds the Alarm

First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes sports metaphors, Clarence Thomas concurs (shudder), and Sam Alito feels his feelings. Through it all, Ketanji Brown Jackson shows us what the court coul...

Jun 23, 20251 hr 38 min

SCOTUS Upholds Tennessee Ban on Gender-Affirming Care for Minors

In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination under the Equal Protection Clause. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/...

Jun 18, 202539 min

Can Trump Mobilize the Military Without California's Consent?

Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, deputy director for transgender justice and staff attorney with the ACLU. Finally, a bit of fun with a game about iconic breakups–political and otherw...

Jun 16, 20251 hr 43 min

9-0, but Make It Complicated

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, 20251 hr 33 min

It's Officially Bad Decision Season

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, 20251 hr 34 min

A Blockbuster Non-Opinion and a Fascism Grab Bag

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, 20251 hr 24 min

Will the Courts Let Trump End Birthright Citizenship?

May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case. Hosts...

May 19, 20251 hr 44 min

The Supreme Court’s ‘Lawless’ Era

Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes . Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Read...

May 12, 20251 hr 36 min

Will SCOTUS Sign Off on Religious Charter Schools?

Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review. Hosts’ fav...

May 05, 20251 hr 43 min

Can Religious Parents Veto Books in Public Schools?

Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone , joins to discuss the rise of the creepy conservative pus...

Apr 28, 20251 hr 40 min

Are Trump Administration Officials in Criminal Contempt?

Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its...

Apr 21, 20251 hr 33 min

SCOTUS Lets Trump Play Word Games

This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality . Hosts’ favorite thin...

Apr 14, 20251 hr 30 min

What’s the Future of Planned Parenthood?

Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challenges to Trump’s ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs’ election to the Supreme Court of No...

Apr 07, 20251 hr 29 min

Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett)

Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain. Hosts’ favorite things this week: Leah : After Dobbs , David Cohen & Carol Jaffe; Mayhem , Lady Gaga; ...

Mar 31, 20251 hr 34 min

Deportations and the Death of Due Process

After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI. Hosts’ favorite things this week: Leah: Fight! Fight! Fight! , Rebecca Traister; AOC’s Bluesky feed during the CR debate...

Mar 24, 20251 hr 25 min

How to Lose a Democracy in 10 Laws (with Elie Mystal)

Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America . They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education. Hosts’ favorite things this week: Melissa: The Trouble of Color: An American Family Memoir by Martha Jones; Paradise (Hulu) Leah: Bad Law by El...

Mar 17, 20251 hr 7 min

The Conservative Push to Sue the Media Into Oblivion

After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich of the New York Times about his new book, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful . Hosts’ favorite...

Mar 10, 20251 hr 12 min

Pod Save the Separation of Powers

Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.” Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How...

Mar 03, 20251 hr 18 min

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? Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: ht...

Feb 24, 20251 hr 21 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, ...

Feb 17, 20251 hr 14 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/event...

Feb 10, 20251 hr 25 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://croo...

Feb 03, 20251 hr 12 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour ...

Jan 27, 20251 hr 17 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http:/...

Jan 20, 20251 hr 14 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fring...

Jan 17, 202538 min

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 Ange...

Jan 13, 20251 hr 24 min

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 C...

Jan 06, 20251 hr 2 min
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