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 hearings Follow @CrookedMedia on Instagram and Twitter for more original cont...
Sep 11, 2023•1 hr 6 min
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. Get tickets for...
Sep 04, 2023•46 min
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 j...
Aug 28, 2023•1 hr 14 min
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 Study Get more background on the mifepristone case in our episodes from earlier th...
Aug 21, 2023•1 hr 29 min
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 T...
Aug 14, 2023•1 hr 6 min
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 B...
Aug 07, 2023•2 hr 39 min
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. 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 Con...
Aug 02, 2023•37 min
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 hr 16 min
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 protecte...
Jul 26, 2023•1 hr 6 min
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 e...
Jul 24, 2023•57 min
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. Get tickets for STRICT SCRUTINY LIVE – The Ba...
Jul 17, 2023•59 min
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 even...
Jul 10, 2023•47 min
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 03, 2023•1 hr 2 min
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 bac...
Jun 30, 2023•50 min
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 "...
Jun 29, 2023•1 hr 3 min
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 ...
Jun 27, 2023•54 min
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!&nbs...
Jun 26, 2023•1 hr 9 min
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. 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 th...
Jun 24, 2023•44 min
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 Ch...
Jun 19, 2023•1 hr 17 min
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 ta...
Jun 14, 2023•34 min
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. Milligan Read Melissa Murray's op ed with Steve Vladeck in The Washington Post Listen to argument recaps for Jac...
Jun 12, 2023•1 hr 16 min
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 ...
Jun 05, 2023•55 min
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 epis...
May 29, 2023•1 hr 17 min
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 ...
May 22, 2023•1 hr 3 min
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 hr 14 min
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. Get tickets for STRI...
May 08, 2023•2 hr 31 min
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. Get tickets for STRICT SCRUTINY L...
May 01, 2023•1 hr 7 min
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 hr 7 min
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 hr 9 min
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 pre...
Apr 10, 2023•1 hr 23 min
