Kate, Leah, and Melissa kick off the show by speaking with New Jersey Attorney General Matthew Platkin about First Choice Women’s Resource Centers v. Platkin , whose wonky exterior masks an under-the-radar abortion case. Then they preview the rest of December’s oral arguments, which include cases about the future of the administrative state as we know it, campaign finance, and judicial review of asylum cases. Finally, some legal news, including the dismissal of the James Comey and Letitia James ...
Dec 01, 2025•1 hr 10 min
Leah, Melissa, and Kate dive into the raging legal battles over redistricting ahead of next year’s midterms, Interim U.S. Attorney Lindsey Halligan’s massive oopsies in her prosecution of James Comey, developments with L’Affaire Epstein, and other assorted legal quagmires and outrages from the Trump administration. Then, Kate chats with University of Minnesota Law Professor Jill Hasday about her book We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality . Check out Lea...
Nov 24, 2025•1 hr 46 min
Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for a prisoner seeking damages after a flagrant violation of his religious rights, some relaxing detours into civil procedure, and Brett Kavanaugh’s deep...
Nov 17, 2025•1 hr 17 min
Live from Crooked Con in Washington, Leah, Kate, and Melissa unpack the surprisingly not-awful oral arguments for Learning Resources, Inc. v. Trump , which put the president's tariffs in the hot seat. Then the hosts are joined by Representative LaMonica McIver of New Jersey to discuss the bogus charges against her for “assaulting” federal agents while conducting an oversight visit of an ICE detention center. Finally, friend of the pod Steve Vladeck joins Leah to break down the 3D chess behind Ju...
Nov 10, 2025•1 hr 31 min
Kate, Leah, and Melissa dive into the legal pushback over ICE and the National Guard in Chicago and Portland, anti-marriage equality goblin Kim Davis’s unwelcome return to the courts, the administration’s lawless strikes on boats in the waters around South America, and the specter of Trump 3.0. Then, they preview November’s SCOTUS cases, including Learning Resources v. Trump , which challenges Trump’s authority to impose tariffs under the International Emergency Economic Powers Act. Favorite thi...
Nov 03, 2025•1 hr 17 min
Kate and Leah dig into a very busy week of legal news as Trump wields his SCOTUS-enabled executive power in increasingly unhinged ways. They also discuss continuing challenges to the president’s deployment of the National Guard in blue cities, ProPublica’s reporting on “Kavanaugh stops,” and, for dessert, the bonkers text exchange between Trump lackey–turned–U.S. Attorney Lindsey Halligan and Lawfare ’s Anna Bower. Then they speak with author Irin Carmon about her new book, Unbearable: Five Wome...
Oct 27, 2025•1 hr 20 min
Leah, Kate, and Melissa break down last week’s agonizing two-and-a-half-hour oral argument in Louisiana v. Callais , a case that could see the already weakened Voting Rights Act gutted even further. They highlight the themes that emerged and dig into the case’s broader context with Sam Spital, Associate Director-Counsel at the Legal Defense Fund, then recap the week’s other arguments and the latest legal news. Finally, Leah talks with Joyce Vance about her new book, Giving Up Is Unforgivable: A ...
Oct 20, 2025•1 hr 46 min
Leah, Melissa, and Kate are back in business, breaking down this term’s first week of arguments at SCOTUS, including a challenge to Colorado’s ban on conversion therapy for minors. Also covered: the indictment of New York’s Attorney General Letitia James, the continuing legal fights against Trump’s efforts to send the National Guard into Portland and Chicago, and Attorney General Pamela Jo Bondi’s pugnacious testimony before the Senate Judiciary Committee. Then, Kate and Leah speak with Yale Law...
Oct 13, 2025•1 hr 49 min
Kate, Leah, and Melissa preview what fresh hell SCOTUS has in store for us this term, including challenges to the Fourteenth Amendment and the Court’s continued obsession with fighting the culture wars. Then, after breaking down the latest legal news, the hosts welcome Lieutenant Governor of Illinois–and Senate candidate–Juliana Stratton to discuss Trump’s plan to deploy the National Guard to Chicago, how state and local governments can push back against this administration, and what gives her h...
Oct 06, 2025•1 hr 33 min
Leah and Kate dive into the week’s legal news, explaining how SCOTUS continues to carry water for the Trump administration. They also cover an epic slapdown of the Roberts Court out of Hawaii, Sam Alito’s Italian sojourn, and the DOJ’s refusal to investigate the wads of cash lining border czar Tom Homan’s pockets. Then all three hosts are joined by special guests Sherrilyn Ifill, founding director of the 14th Amendment Center for Law & Democracy at Howard University, and New York Times colum...
Sep 29, 2025•1 hr 59 min
Leah is joined by guest co-host Skye Perryman, president & CEO of Democracy Forward, to discuss the week’s news, including the continued pushback on the shadow docket from the lower courts and Trump’s boundless abuse of Article II. Then Kate, Melissa, and Leah — along with special guest Sherrilyn Ifill — take a look at the impact of Justice Ketanji Brown Jackson, three years into her time on the Supreme Court. Favorite things: Skye : Sierra Ferrell Leah : The Summer I Turned Pretty (Amazon);...
Sep 22, 2025•1 hr 45 min
Our fearless hosts continue to slog through this sh*tty shadow docket summer, covering an order from the Court okaying racial profiling by ICE officers, some ominous administrative stays, Amy Coney Barrett’s ongoing press tour through right wing media, and the lower courts’ continuing frustrations with this Supreme Court. Then, Leah and Kate speak with special guest Symone Sanders Townsend, co-host of MSNBC’s The Weeknight , about how the Supreme Court is carrying out key parts of Project 2025, ...
Sep 15, 2025•1 hr 40 min
Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts speak with Yale Law professor Justin Driver about his book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education ...
Sep 08, 2025•1 hr 42 min
The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege:...
Aug 25, 2025•1 hr 55 min
Kate and Leah recap the week's legal news, including argument calendars for the next SCOTUS term and President Trump's attempted federal takeover of Washington, DC. Then, it's our third annual State of The Uterus episode. Melissa and Leah talk with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, and Lisa Beattie Frelinghuysen, founder of ClutchKit , about the current status of reproductive freedom three years after the Supreme Court overturned Roe v. Wad...
Aug 18, 2025•1 hr 51 min
Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Process: Why Fairness Matters in a Polarized World . Finally, Leah speaks with University of Michigan Law Professor Richard Primus, author of the new boo...
Aug 11, 2025•2 hr
Leah and guest co-host Mark Joseph Stern of Slate and the Amicus podcast run through what’s been happening in the courts this week, including disturbing attacks on judges, the confirmation of the extremely unsavory Emile Bove, and Amy Coney Barrett’s upcoming appearance with Bari Weiss. Then, Kate and Melissa speak with Jessica Calarco, sociologist and professor at the University of Wisconsin–Madison, about her book, Holding It Together: How Women Became America’s Safety Net . Hosts’ favorite th...
Aug 04, 2025•1 hr 41 min
Kate and Leah break down the week’s legal happenings, including Trump’s flailing efforts to manage the Epstein fallout, the latest abomination from the shadow docket, and the legal quagmire surrounding Trump lackey Alina Habba’s appointment as U.S. Attorney for New Jersey. Then, they speak with law professors—and former clerks for David Souter—Allison Orr Larsen and Erin Delaney about the late justice’s legacy. Hosts’ and guests’ favorite things: Kate: The Power Broker, Robert Caro; Will to Resi...
Jul 28, 2025•1 hr 32 min
Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration . Hosts’ favorite things: Kate : Legalistic Noncompliance , Leah Litman and Dan Deacon (University of Michigan); Trump’s Plans to Put Emil Bove on the Supreme Court , Jeffrey Toobin (NYT); Bonus 167:...
Jul 21, 2025•1 hr 30 min
Katie Phang , independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trump’s next SCOTUS pick. Then, all three hosts are joined by Strict Scrutiny’s official roadie, Chris Hayes, to talk about his book, The Sirens' Call: H...
Jul 14, 2025•1 hr 39 min
With July upon us and bad decision season (mercifully) over, Leah, Kate and Melissa take a step back to recap this year’s SCOTUS term. They highlight some of the overarching themes, break down the biggest opinions, and look back at the moments they’ll remember forever–whether they want to or not. Hosts’ favorite things: Melissa: KBJ’s footnote 12 in Stanley v. City of Sanford, Florida ; Seven Chaotic Months in the Life of a New Federal Judge , Emily Bazelon and Mattathias Schwartz (NYT); This Is...
Jul 07, 2025•1 hr 40 min
Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s emergency episode on the birthright citizenship case, you can find it here . Hosts’ favorite things: Melissa : Jackson and Sotomayor dissents ( Mahmou...
Jun 30, 2025•1 hr 2 min
In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fri...
Jun 27, 2025•52 min
In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’s opinions and the Court’s cruel shadow docket order on “third country removals.” Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! ...
Jun 26, 2025•53 min
First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes sports metaphors, Clarence Thomas concurs (shudder), and Sam Alito feels his feelings. Through it all, Ketanji Brown Jackson shows us what the court coul...
Jun 23, 2025•1 hr 38 min
In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination under the Equal Protection Clause. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Le...
Jun 18, 2025•39 min
Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, deputy director for transgender justice and staff attorney with the ACLU. Finally, a bit of fun with a game about iconic breakups–political and otherw...
Jun 16, 2025•1 hr 43 min
Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because...a Democrat won the supreme court race. Finally, they discuss Kate’s rockstar testimony in front of the U.S. Senate Committee on the Judiciary and so...
Jun 09, 2025•1 hr 33 min
Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone , to talk about the avalanche of litigation again...
Jun 02, 2025•1 hr 34 min
Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause. Hosts’ favorite things:...
May 26, 2025•1 hr 24 min
