Strict Scrutiny - podcast cover

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

Love and Basketball

Leah and Melissa do a quick dash through Monday’s opinions in Arthrex, NCAA v. Alston, and Goldman v. Arkansas Teacher Retirement Systems and a quick note on Nestle v. Doe before allowing Leah time to work out some feelings on Justice Alito’s dissent in the ACA case. 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 ...

Jun 21, 202136 min

Amuse Bouche

Kate and Melissa recap two opinions, California v. Texas (the ACA case) and Fulton v. City of Philadelphia (Masterpiece Cakeshop redux). For the latter, Katherine Franke joins with historical context and insights. 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,...

Jun 18, 202142 min

State Courts Are Where It's At

Leah, Kate, and Melissa recap an important CVSG, the Court’s opinions (in Gary, Greer, and Terry), and a major Wisconsin Supreme Court case! 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 Blue...

Jun 15, 202140 min

Presto!

Kate, Melissa, and Leah get together to discuss Justice Kagan’s approach to statutory interpretation. We got two opinions this week, Sanchez v. Mayorkas, another unanimous immigration case, and the big ACCA (Armed Career Criminal Act, not Affordable Care Act) opinion we’ve been waiting for-- Borden v. US. They identify an important parallel between Justice Kagan and Taylor Swift and lay out the evidence that the Justices are reading their tweets (and everyone else’s too). Finally, they are joine...

Jun 11, 20211 hr 2 min

Fetishistically Textualist

Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!  5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Learn more: http://croo...

Jun 04, 202148 min

Death Eaters

Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America . This conversation was originally an event with the Commonwealth Club in April. 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 (...

May 31, 20211 hr 4 min

Siren Songs

Kate, Melissa, and Leah notice the siren song of purposivism in some of the Court’s recent statutory interpretation cases. They also talk about developments on the Court’s death penalty docket before going through one of their binders of women advocates & advocates of color. 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 ...

May 26, 202152 min

Hysterical Lady Brains

Melissa, Kate, and Leah break down the recent cert grants, the oral argument in Terry v. United States, and the opinions in Edwards v. Vannoy, CIC v. IRS, Caniglia v. Strom, & BP v. Baltimore. They then workshop their reviews of Justice Breyer’s forthcoming book before highlighting some exciting Supreme Court-related book reviews. 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-orde...

May 24, 20211 hr 7 min

When There Are 535

In March, the NYU School of Law hosted the the Birnbaum Women’s Leadership Network's symposium on Politics, Power, and Women’s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy. 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 co...

May 17, 202153 min

Drained Pool Politics

Kate & Melissa host Heather McGhee to discuss her new book, The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together . 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...

May 10, 202152 min

Burn Book on Purposivism

Leah and Kate recap the textualist bonanza in Niz-Chavez v. Garland, and the recent arguments in Americans for Prosperity Foundation (during which Justice Alito signaled that he’s a fan of the pod) and Mahanoy School District. They also preview the final case of the term, Terry v. United States. 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 bo...

May 03, 20211 hr 15 min

Barking Goldfish

Kate, Leah, and Melissa go over new opinion, recap the previous week of oral arguments, and preview the next batch of cases to be heard at the Supreme Court. 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 , T...

Apr 26, 202155 min

Right for the Wrong Reasons

Kate and Melissa are joined by special guests Juvaria Khan, Matthew Fletcher, and Carmen Iguina Gonzalez to discuss the upcoming April sitting and the work of The Appellate Project. 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) Fo...

Apr 19, 20211 hr 2 min

Tsunami of Slime

Leah and Kate are joined by Sen. Sheldon “Whiteboard” Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court’s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra. 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...

Apr 12, 202154 min

Sausage Fest

“Live” from Yale Law’s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration! 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 Theo...

Apr 05, 20211 hr 6 min

Spaceships and Serial Killers

Melissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March 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...

Mar 29, 20211 hr 11 min

Dear Steve

Melissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more! 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 ,...

Mar 22, 202153 min

Amend: The Fight for America

Melissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries. 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 (ou...

Mar 15, 202149 min

Get to the Punchline

Leah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course. 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 Run...

Mar 08, 202158 min

Toddler Logic

Leah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court’s docket. 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 ...

Mar 01, 202159 min

Wilding Out

Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts. 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 , Th...

Feb 22, 202154 min

Dude Process

Kate and Leah do a “snap” episode on the most recent impeachment proceedings. 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...

Feb 15, 202153 min

Gold Highways

Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “ Digging A Hole ,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission. 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...

Feb 08, 202153 min

Dirty Damages

Leah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in! 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 , a...

Feb 01, 202155 min

My Name Is Pauli Murray

Leah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray. The film premieres at the Sundance Film Festival this week. 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, ...

Jan 25, 202153 min

Rinse & Repeat

Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “ The Power of Attorney ” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases. 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 Gr...

Jan 20, 20211 hr 1 min

The Meme Lives

Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th 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/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...

Jan 11, 20211 hr 4 min

No Coup For You

In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU! 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...

Dec 28, 20201 hr 19 min

Our Favorite Things

Melissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year. 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...

Dec 23, 202021 min

When Reality Is Surreal

Leah and Melissa are joined by Alexandra Petri , author of Nothing Is Wrong And Here Is Why , and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal. 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 ...

Dec 21, 202043 min