Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe . They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And ...
May 16, 2022•1 hr 14 min
Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30]. Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://cro...
May 09, 2022•1 hr 10 min
Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion. Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supr...
May 03, 2022•52 min
Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06...
May 02, 2022•1 hr 10 min
Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago 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 , Th...
Apr 25, 2022•1 hr 1 min
Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of...
Apr 18, 2022•58 min
Melissa interviews Linda Greenhouse about her new book, J ustice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court . This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in partnership with New York University’s John Brademas Center. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Order your co...
Apr 11, 2022•49 min
Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56]. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago 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 Blues...
Apr 04, 2022•57 min
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! 10/4 – Chicago 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 B...
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! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Co...
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•1 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! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Sup...
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! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Gr...
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! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, L...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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 I...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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 B...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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 , T...
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! 10/4 – Chicago Learn more: http://crooked.com/events Orde...
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! 10/4 – Chicago Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Cons...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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...
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! 10/4 – Chicago 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...
Dec 27, 2021•43 min
