There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America . New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term. Order Undue Burden at Bookshop.org and get 10% off Get tickets for STR...
May 27, 2024•1 hr 22 min
Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas. Read Jodi Kantor's reporting on the Alitos' flag Revisit our episode recapping the oral arguments in the case challenging the CFPB We’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter: Subscribe to Strict Scrutiny’s Youtube channel Leave a comment on our most recent video episode with your ...
May 20, 2024•1 hr 8 min
Victoria Wenger of NAACP-LDF joins Kate and Leah for an update on the four years of litigation trying to get fair voting maps for Louisiana residents. Then, a major update on a group of federal officials who plan to penalize a private institution for failing to censor certain speech-- you'll never guess who! If you would like to make a donation in honor of Brendan Jackson , Leah's student who recently passed away, you can do so at www.ruckercollierfoundation.com Get tickets for STRICT SCRUTINY L...
May 13, 2024•1 hr 8 min
Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener mailbag episode! What's the best way to fight against usage of the Comstock Act? Should liberals be using law suits to troll conservatives? Why don't the Democrat-appointed justices speak out about their colleagues' poor behavior? You asked, we answered! Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets are on sale now...
May 06, 2024•1 hr 11 min
Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak! In better news, Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets go on sale Tuesday, April 30th, at 11am ET. Learn more and get tickets at tribecafilm.com/strict Get tickets for S...
Apr 29, 2024•1 hr 24 min
Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care. Read Professor Caitlin Millat's op ed in the Los Angeles Times: " As a pregnant law professor in Arizona, I fear the abortion ban " Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/1...
Apr 22, 2024•1 hr 19 min
In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ba...
Apr 15, 2024•1 hr 7 min
Kate and Leah break down the latest court news with Errin Haines , Editor-at-Large for The 19th and host of The Amendment , including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering. Listen to Melissa's interview with Err...
Apr 08, 2024•1 hr 4 min
Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX. Get your tickets to Strict Scrutiny Live HERE , or head to crooked.com/events for more info. ICYMI, we did a quick reaction episo...
Apr 01, 2024•1 hr 16 min
Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in 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 Ins...
Mar 26, 2024•17 min
Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials. Get your tickets to Strict Scrutiny Live HERE , or head to crooked.com/events for more info. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 20...
Mar 25, 2024•1 hr 23 min
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions. Strict Scrutiny is headed back to DC for another live show! Presale starts 3/18 @ 12pm ET with the code SCRUTINY. Hea...
Mar 18, 2024•1 hr 18 min
Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary -- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it. Plus, for a special court culture segment, Leah talks with Barb McQuade about her book, Attack from Within: How Disinformation Is Sabotaging America . Buy The Trump Indictments and Attack from With...
Mar 11, 2024•56 min
The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy). Listen to our recap of the oral arguments in the episode " SCOTUS Has Their Own Theories About Trump's Eligibility " Get tickets for STR...
Mar 05, 2024•49 min
Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. Listen to evelyn's podcast, ...
Mar 04, 2024•1 hr 26 min
Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment a...
Feb 26, 2024•1 hr 29 min
Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts. Read Melissa and Kate's article in the Harvard Law Review, " Dobbs & Democracy " Read Melissa's article from the Houston Law Review, " Children of Men: The Roberts Court’s Jurisprudence of Masculinity " Pre-order The Trump Indictments: The Historic Charging Documents with Commentary , by Melissa Murra...
Feb 19, 2024•1 hr 17 min
The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – Chica...
Feb 12, 2024•1 hr 3 min
This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. 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 Supre...
Feb 07, 2024•32 min
This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen , author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy . Get tickets for STRICT SCRUTINY LIV...
Feb 05, 2024•53 min
E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. What was Trump's vibe in the courtroom? Will he actually pay up? And what does E. Jean plan to do with all that money? Melissa, Kate, and Leah get all these answers and more. Read the NYT's piece on Robbie Kaplan: " I n Trump’s Bitter, Yearslong Brawl With Roberta Kaplan, He Keeps Losing" Read E. Jean Carroll'...
Feb 02, 2024•51 min
Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made . 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 ...
Jan 29, 2024•1 hr 25 min
Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes. Leah, Melissa, and Kate recap the arguments and outline the Koch-funded basis for the Supreme Court's latest power grab. Read the NYT's reporting on the funding behind the conservative quest to overrule Chevron Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC 6/12 – NYC 10/4 – ...
Jan 22, 2024•1 hr 6 min
Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron , the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a pol...
Jan 15, 2024•1 hr 8 min
We're only one week into 2024, and there's so much news to catch up on! Melissa, Leah, and Kate discuss ProPublica's reporting about rich guys giving Justice Thomas money when he hinted at retiring because his salary as a justice was too low. Then, they look to the latest in state courts, which are deciding issues such as Donald Trump's presidential eligibility, women's access to emergency abortion care, and fairly drawn electoral maps. After some quick previews of the cases the Supreme Court wi...
Jan 08, 2024•1 hr 17 min
To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court. Listen to us on Getting Curious: " What's Happening with 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, Frin...
Jan 01, 2024•1 hr 2 min
Before we settle in for a long winter's nap, we have a LOT to catch up on. First, Jodi Kantor joins the pod to talk about her reporting, with Adam Liptak, on what went down behind the scenes at SCOTUS as the conservative majority sought to overturn Roe . Then we go over some new grants of cases the Supreme Court will hear in the near future-- including the mifepristone case, and a case about January 6th convictions. We also recap some bananas arguments in Wisconsin over a gerrymandering case. An...
Dec 18, 2023•1 hr 26 min
Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States , and a bankruptcy case involving Purdue Pharma and the Sackler family. Plus, we have a breaking (and heart-breaking) update on an abortion-related case out of Texas . Read Hawaii Supreme Court Justice Todd Eddin's stunning concurrence excoriating originalism Listen to our recent episode on another abortion-related case out of Texas Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Wa...
Dec 11, 2023•1 hr 14 min
Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy . Plus, they welcome Oona Hathaway and Sam Sankar-- two former clerks to the late Justice Sandra Day O'Connor-- to discuss her life and legacy. Read Kate's NYT op ed on Jarkesy: " This Quiet Blockbuster at the Supreme Court Could Affect All Americans " Read Oona Hathaway's NYT op ed on Justice O'Connor, " I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy. " Read...
Dec 04, 2023•1 hr 30 min
For its final sitting of 2023, the Supreme Court will hear cases on the Armed Career Criminal Act, double jeopardy, and whether the government is, well, constitutional. Leah, Melissa, and Kate preview those cases, and look into a hot mess of a voting rights case in the Eighth Circuit. Plus, US Representative Ro Khanna stops by to chat about SCOTUS ethics reform. Watch the Strict Scrutiny hosts on The Problem With Jon Stewart , previewing the horrors that await in Jarkesy v. SEC Read Justice Jack...
Nov 27, 2023•1 hr 4 min
