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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.

Episodes

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on I...

Nov 11, 202132 min

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.) 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad...

Nov 08, 20211 hr 10 min

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? 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/eve...

Nov 05, 202129 min

Some Geniuses

Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Nov 02, 202152 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us o...

Nov 01, 20211 hr 9 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!  5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more...

Oct 25, 20211 hr 1 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out M...

Oct 22, 202115 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Oct 18, 20211 hr 8 min

Latte Liberal

Melissa, Leah, and Kate recap the first week of the October sitting. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Oct 11, 20211 hr 7 min

Troll World Tour

Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Oct 04, 20211 hr 13 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fri...

Sep 27, 202134 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) ...

Sep 20, 202147 min

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. Get tickets f...

Sep 13, 202154 min

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! 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on ...

Sep 11, 202146 min

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…. 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 Lea...

Sep 06, 202143 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow...

Sep 04, 202146 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on...

Sep 02, 202140 min

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 . 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out...

Aug 30, 202154 min

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 . 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Aug 23, 202154 min

Open Wound

Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition . 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...

Aug 16, 202147 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us o...

Aug 09, 20211 hr 3 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagr...

Aug 02, 202156 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and ...

Jul 26, 202150 min

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 ...

Jul 19, 202153 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and ...

Jul 12, 20211 hr 23 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!  5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn mor...

Jul 05, 20211 hr 25 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out ...

Jul 01, 20211 hr 8 min

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. 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 the Supreme Court Runs on Conservative Grie...

Jun 28, 202157 min

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). 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 the Supreme Court Runs on Conservativ...

Jun 25, 202153 min

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. 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 the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and...

Jun 24, 202159 min