Rebecca Nagle , host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen . The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignt...
Nov 14, 2022•1 hr 27 min
Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last 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, and Bad Vibes (out May 13th) Follow us on Instagram , Threads , and Bluesky...
Nov 07, 2022•1 hr 26 min
On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson , President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases. Listen to an episode on race conscious remedies from our spin-off show, Irrational Basis Review 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/...
Oct 30, 2022•1 hr 9 min
Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers . A former prosecutor and leading authority on sexual violence, Deb's book examines why we are primed to disbelieve allegations of sexual abuse--and how we can transform a culture and a legal system structured to dismiss accusers. This episode contains discussions of sexual violence. Please use discretion and take care of yourselves. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisi...
Oct 24, 2022•49 min
Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz , National Pork Producers Council v. Ross , and Andy Warhol Foundation for the Visual Arts v. Goldsmith . Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics. 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...
Oct 17, 2022•1 hr 7 min
Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour ...
Oct 10, 2022•1 hr 9 min
It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term. 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 Conservat...
Oct 03, 2022•1 hr 7 min
For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices , joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan. Get...
Sep 26, 2022•1 hr 10 min
Leah talks with Wilfred Codrington III about his article, " Purcell in Pandemic ," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms? Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!&...
Sep 19, 2022•53 min
Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts , and Alicia Bannon of the Brennan Center. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6...
Sep 12, 2022•57 min
With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections. 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...
Sep 05, 2022•55 min
Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA , the Supreme Court's major climate case last term. 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...
Aug 29, 2022•52 min
Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization . But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister , health law expert Michele Goodwin , and U.S. Congressman Mondaire Jones . Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC...
Aug 22, 2022•1 hr 24 min
Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions . And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory . Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 20...
Aug 15, 2022•1 hr 17 min
Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases. Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases. Read Lee's article, " The Trump Executions ," in the University of Texas Law Review Get tickets for STRICT SCRUTINY LIVE...
Aug 08, 2022•51 min
It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future. 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...
Aug 01, 2022•1 hr 2 min
Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story . Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America. 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 Cour...
Jul 25, 2022•57 min
While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck * of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process. *Brandon also wrote an article called " ...
Jul 18, 2022•51 min
It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to. For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/ 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 ...
Jul 11, 2022•1 hr 14 min
The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta , with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06]. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electin...
Jul 04, 2022•1 hr 4 min
Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency . Basically, it's bad! And not just because of the impending climate apocalypse! 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 Griev...
Jul 01, 2022•22 min
The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28]. Opinions discussed: Marietta Memorial Hospital...
Jun 27, 2022•1 hr 2 min
Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients...
Jun 25, 2022•1 hr 5 min
Today the Supreme Court released its opinion in NYSRPA v. Bruen , saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights. 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 ...
Jun 24, 2022•1 hr 2 min
The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there. 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 Vibe...
Jun 20, 2022•58 min
It's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights. This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more. Get tickets for STRICT SCRUTINY LIVE – The Bad Decis...
Jun 16, 2022•1 hr 6 min
The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news. Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-argume...
Jun 13, 2022•49 min
Melissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution . P.S. Melissa, Kate, and Leah will be on The Problem with Jon Stewart this Thursday, June 9th! Don't miss it. 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 T...
Jun 06, 2022•1 hr 3 min
Investigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez [3:30]. The Supreme Court released an opinion in the case last week, and it's bad. There is a miniscule moment of joy, though, in the recap of the opinion in Morgan v. Sundance , which is about arbitration and also Taco Bell [51:58]. Finally, we do a quick round-up of other court-adjacent news, including the fever dream that i...
May 30, 2022•1 hr 11 min
Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz , an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland , a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-re...
May 23, 2022•1 hr 5 min
