Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson , President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah to break down the opinion for a live show at Howard University School of Law. Listen to this past episode where the hosts recap the oral arguments for Allen v. Milligan Read Melissa Murray's op ed with Steve Vladeck in The Washington Post Listen to argument recaps for Jac...
Jun 12, 2023•1 hr 16 min
Melissa, Leah, and Kate talk to Jenny Hunter, a labor lawyer and union consultant, about the recent SCOTUS opinion in Glacier Northwest v. Teamsters which has implications for union labor laws and the right to strike. They also discuss Justice Alito’s ignoring the Court's newly self-imposed sort-of-not-really enforced ethics rules, and a PBS Frontline documentary about Clarence and Ginni Thomas (that even Kate couldn’t turn off). Sign up to see the Strict Scrutiny live show in Washington, DC on ...
Jun 05, 2023•55 min
Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections-- threatening the future of the nation's clean water. And of course, Leah and Steve catch up on the latest Harlan Crow news. Plus, Jessica Valenti gives an update on life after Dobbs . Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th! Listen to this past epis...
May 29, 2023•1 hr 17 min
Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined. Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th! The hosts covered the arguments of the opinions for Gonzales ...
May 22, 2023•1 hr 3 min
Melissa, Kate, and Leah cover the gift that keeps on giving-- a.k.a. billionaire Harlan Crow, who can't seem to stop giving undisclosed gifts to Justice Clarence Thomas. They continue the discussion on the deluge of stories about questionable ethics at the Supreme Court following a report that said Leonard Leo arranged for Ginni Thomas to be paid tens of thousands of dollars for "consulting work". The cherry on top? Two recent Supreme Court opinions about political corruption and fraud. Finally,...
May 15, 2023•1 hr 14 min
It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are our fancy billionaire friends? Can we stop being such hysterical harpies? Which Taylor Swift song is the best? Plus, we recap Justice Alito's "interview" with the Wall Street Journal so you don't have to read it. Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRI...
May 08, 2023•1 hr 31 min
The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court , joins Melissa, Kate, and Leah to discuss proposals for making the judiciary more transparent and accountable. Plus, the hosts recap oral arguments-- including one on whether the government can take your money and keep the change. • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get tickets for STRICT SCRUTINY L...
May 01, 2023•1 hr 7 min
Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that pav...
Apr 24, 2023•1 hr 7 min
Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, then undisclosed real estate deals. Then, if you're wondering about the latest in the mifepristone cases, the hosts breakdown the latest news and what it all means for abortion care nationwide. Kate and Leah also preview two court cases that will be argued at the Supreme Court next week, recap an opinion, and highlight a concerning grant. We want to...
Apr 17, 2023•1 hr 9 min
Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences . They discuss the lasting effects of the Trump pre...
Apr 10, 2023•1 hr 23 min
It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah and Kate to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts. 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...
Apr 05, 2023•36 min
Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments. Follow @CrookedMedia on Instagram and Twitter for more ...
Apr 03, 2023•1 hr 8 min
Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court. Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Get ti...
Mar 27, 2023•1 hr 2 min
Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the constitutionality of a federal law that prohibits people from encouraging unlawful immigration, and Jack Daniels (yes, the alcohol company) suing a dog toy company over a poop-related joke. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day. Follow @CrookedMedia on Instagram and Twi...
Mar 20, 2023•1 hr 8 min
First things first: WE WON AN AMBIE ! Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with Joanna Schwartz about her new book, Shielded: How the Police Became Untouchable . Plus, a quick overview of what we expect from the Supreme Court before it ends its term in late June. Order Shielded: How the Police Became Untouchable at Bookshop.org. Use code STRICT10 at checkout to get 10% off your order! Follow @CrookedMedia on Instagram and Twit...
Mar 13, 2023•1 hr 15 min
What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s Supreme Court oral arguments on the cases blocking 20 million borrowers from seeing between $10,000 and $20,000 of forgiveness on their federal student loans. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion. Listen to l...
Mar 06, 2023•1 hr 19 min
Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching. Follow Strict Scrutiny on Instagram and Twitter . Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Was...
Feb 27, 2023•1 hr 3 min
Danielle Citron , author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age , joins Leah and Melissa to preview two Supreme Court cases that ask whether online platforms should be held liable for user-uploaded content. Plus, more drip-drip-drip from the investigation of the Dobbs leak. Read The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (use promo code STRICT10 for 10% off!) Read The Onion 's incredible amicus brief Get tickets f...
Feb 20, 2023•1 hr 2 min
Leah and Kate talk to Jessica Valenti , writer of the Substack newsletter “ Abortion, Every Day ,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs. Plus, they highlight a federal court opinion that would allow people facing domestic violence orders to possess guns, and President Biden’s (brief) State of the Union comment about vetoing any national abortion ban legislation. Listen to " How SCOTUS gutted our gun laws ," about the Supreme Court's recent rul...
Feb 13, 2023•58 min
Melissa and Kate talk with Sasha Issenberg , journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage . Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs . But he warns about the dangerous exemptions that could be carved out through 303 Creative , which the Supreme Court has yet to issue an opinion on, but for...
Feb 06, 2023•46 min
Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America . They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022. Order Lady Justice: Women, the Law, and the Battle to Sa...
Jan 30, 2023•53 min
Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court's "investigation" into who leaked the draft opinion of Dobbs las...
Jan 23, 2023•1 hr 11 min
Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- some theories about why the Court hasn't issued any opinions this term, and some breaking news in the investigation over the leaked Dobbs opinion. Listen to our past episode on the 303 Creative v. Elenis case that's mentioned this week. Listen to this episode of America Dissected which features Mel...
Jan 16, 2023•1 hr 7 min
Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich , president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes in a pair of cases involving labor unions. 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 Sup...
Jan 09, 2023•1 hr 1 min
Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recognize the name Constance Baker Motley from Ketanji Brown Jackson's speech upon receiving her nomination to SCOTUS. Motley was the first black woman to be appointed to the federal bench-- and she and Justice Jackson share a birthday. Judge Motley's story illustrates the fights for equality, across race and gender lines, in the mid-20th century. Order ...
Dec 26, 2022•1 hr 4 min
Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper . The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a win...
Dec 19, 2022•1 hr 20 min
The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis -- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights. Get tickets for STRICT SCRUTINY LIVE...
Dec 12, 2022•1 hr 10 min
Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices. On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered...
Dec 05, 2022•1 hr 15 min
Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again. 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...
Nov 28, 2022•1 hr 10 min
On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court case before it was public. The story offers a glimpse at a years-long campaign by conservative activists to obtain access to and ingratiate themselves with Supreme Court justices. It's really wild and really disturbing-- so Leah, Kate, and Melissa convene for an emergency episode to discuss. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tou...
Nov 21, 2022•43 min
