Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning. 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, ...
Mar 28, 2022•1 hr 19 min
Rebecca Nagle, host of This Land , joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland , a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term. Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on ...
Mar 21, 2022•1 hr 14 min
Kate and Leah talk with Cary Franklin , the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article " Living Textualism ." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation. 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 o...
Mar 14, 2022•44 min
Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency . They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh? Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 20...
Mar 07, 2022•2 hr 30 min
Leah recaps Denezpi v. United States , an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian 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 Lea...
Mar 03, 2022•53 min
Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship. 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, Lawl...
Feb 28, 2022•1 hr 6 min
Leah discusses the upcoming climate change case, West Virginia v. EPA , with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis , a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48). 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/ev...
Feb 26, 2022•1 hr 16 min
Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas -- before highlighting the big cases to watch in the February 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 1...
Feb 21, 2022•55 min
Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join 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 13...
Feb 16, 2022•44 min
Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine . 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 14, 2022•52 min
Deuel Ross , senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians. 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...
Feb 09, 2022•33 min
Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover . 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 07, 2022•57 min
Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate. 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 ...
Jan 31, 2022•1 hr 16 min
Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors. 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 27, 2022•36 min
Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8. 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...
Jan 24, 2022•59 min
The ladies of Strict Scrutiny join forces with Why Is This Happening? , hosted by Chris Hayes (aka Mr. Kate Shaw). Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcas...
Jan 19, 2022•1 hr 2 min
Payvand Ahdout , Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chicago Lear...
Jan 17, 2022•54 min
Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients. 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 forthco...
Jan 14, 2022•43 min
Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month. 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 (...
Jan 10, 2022•57 min
Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19. 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 Instag...
Jan 08, 2022•1 hr 14 min
Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer. 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 Insta...
Jan 03, 2022•32 min
Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union . 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 Ins...
Dec 27, 2021•43 min
Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things. To wear Wool leg warmers from Lunya Washable silk pajamas from Lunya True Botanicals Kari Gran mini kit The Lady Doth Etsy shop Taylor Swift merch To read My Monticello , by Jocelyn Nicole Johnson The Silence of the Girls , by Pat Barker The Women of Troy , by Pat Barker The 1619 Project Born on the Water , Nikole Hannah-Jones and Renee Watson How to be Successful Without Hurting Men’s Feelings , by Sarah Cooper T...
Dec 20, 2021•44 min
We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year! Resources: Michele Goodwin's powerful op-ed in the New York Times: " I Was Raped by My Father. An Abortion Saved My Life ." Liliana Segura's reporting on Barry Jones , whose case was consolidated with Shinn v. Ramirez Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, " Excluding Religion " We rely on listeners to keep the show funded! You can become a Glow su...
Dec 13, 2021•1 hr 29 min
Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!) 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 B...
Dec 10, 2021•41 min
Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue. Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours. Resources: " Texas Abortion Law Complicates Care for Risky Pregnancies ," by Roni Caryn Rabin. New York Times, November 26, 2021. " The Judge Who Told the Truth About the Mississippi Abortion Ban, "...
Dec 06, 2021•1 hr 11 min
Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks. 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...
Dec 02, 2021•1 hr 8 min
It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 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 C...
Nov 29, 2021•54 min
In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well. The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abor...
Nov 22, 2021•40 min
Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and 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 ...
Nov 15, 2021•1 hr 13 min
