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Strict Scrutiny

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{"_":"Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.\n\nHosted 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.\n\nWhether 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.","$":{"audioboom:html":"1"}}
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Episodes

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Orde...

Jul 20, 20201 hr 16 min

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! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservativ...

Jul 13, 202038 min

Well Played, Sirs

*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jul 08, 202031 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025...

Jul 06, 20201 hr 13 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 30, 202024 min

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! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, ...

Jun 29, 202057 min

PODIVERSARY GIVEAWAY

A giveaway to mark our one year podiversary! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 24, 20202 min

Second Glow HH!

A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 23, 20202 min

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). Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follo...

Jun 22, 20201 hr 15 min

Josh Hawley's Tears

Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 19, 202036 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 18, 202048 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagra...

Jun 15, 202020 min

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! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – Sa...

Jun 15, 202054 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs o...

Jun 08, 20201 hr 6 min

June First

We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Jun 01, 20201 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Le...

May 25, 202052 min

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). Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supr...

May 18, 20201 hr 21 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless:...

May 11, 20201 hr 15 min

Happy Hour!

We'll be hosting a happy hour to thank our glow subscribers! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

May 05, 20201 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grie...

May 04, 20201 hr 3 min

Pit of Piranhas

In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the ​Wall Street Journal.​ Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Apr 30, 202045 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow...

Apr 27, 20201 hr 2 min

Podapalooza Live Event

We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET! Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Apr 24, 20201 min

Podapalooza Teaser

This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Apr 22, 20201 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How th...

Apr 20, 202052 min

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 desegre...

Apr 13, 202052 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Apr 06, 20201 hr 6 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Fol...

Mar 30, 20201 hr 15 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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...

Mar 23, 20201 hr 2 min

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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles 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 Follow us on Instagram , Threads , and Bluesky...

Mar 02, 20201 hr 19 min
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