In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theo...
Aug 12, 2024•1 hr 3 min•Transcript available on Metacast Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Ba...
Aug 05, 2024•1 hr 28 min•Transcript available on Metacast Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights . 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...
Jul 29, 2024•1 hr 19 min•Transcript available on Metacast Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here . Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe The...
Jul 22, 2024•1 hr 14 min•Transcript available on Metacast Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually want: Jonathan Van Ness. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories,...
Jul 15, 2024•1 hr 3 min•Transcript available on Metacast Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone? In case you want to hear our predictions for yourself, go back and listen to our term preview from September 2023 Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conser...
Jul 08, 2024•1 hr 16 min•Transcript available on Metacast It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theorie...
Jul 01, 2024•46 min•Transcript available on Metacast Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe T...
Jun 29, 2024•1 hr 6 min•Transcript available on Metacast After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean air, and big pharma. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Ru...
Jun 28, 2024•1 hr 2 min•Transcript available on Metacast Leah, Melissa, and Kate weigh the implications of Bloomberg’s scoop on EMTALA (apparently someone at the court got a little trigger-happy with the upload button). Then they take a look at today’s two official opinions–is a $13,000 bribe equivalent to buying someone Chipotle? Coach Kavanaugh has thoughts. And did the government strong-arm social media companies into censoring content? There’s a word for that: jawboning. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Cour...
Jun 26, 2024•40 min•Transcript available on Metacast As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a rowdy live show at the Howard Theatre in Washington, DC! It was one for the books-- The Second Gentleman, Doug Emhoff, joined us to reflect on the second anniversary of Dobbs. Friend of the pod Commander Steve Vladeck filled in as guest host. And former Attorney General Eric Holder joined us to talk about the Court's decision in a case about domesti...
Jun 24, 2024•2 hr 40 min•Transcript available on Metacast The gang is back together! Ahead of the Strict Scrutiny live show on Saturday in DC, Kate, Melissa and Leah comb through four decisions from the Court. Are these the cases everyone’s waiting for? Not quite, but they do involve repatriation taxes, malicious prosecution, federal rules of evidence, and retaliatory arrests. Read Leah's NYT OpEd: " Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case " Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme C...
Jun 20, 2024•33 min•Transcript available on Metacast Live from New York, it's Strict Scrutiny! Elie Mystal guest hosts with Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break down opinions, perform dramatic readings of the secret Alito recordings, and imagine some end-of-year yearbook pages for the justices. Plus, New York Magazine's Irin Carmon joins to talk about the practical effects of the Supreme Court's ruling in the mifepristone case. To watch the full episode, complete with Martha-ritas and yearbook superlatives...
Jun 17, 2024•1 hr 17 min•Transcript available on Metacast In an emergency episode, Leah and Melissa break down the Court's 6-3 decision to strike down a ban on bump stocks, attachments that allow semi-automatic weapons to fire at machine gun-like rates. It's bad, people. 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...
Jun 14, 2024•43 min•Transcript available on Metacast Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. Plus, they recap recent opinions in cases about bankruptcy, tax law, and health care on Native American reservations. To hear more about the Zurawski case, including the stories of the women who testified, listen to our episode " A Code of Misconduct " from November 2023 Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court ...
Jun 10, 2024•1 hr 10 min•Transcript available on Metacast Melissa and Kate recap the Supreme Court's latest opinions and catch up on the latest drama from the Alitos' flag-flying fiasco. We’re giving one lucky listener the chance to win a pair of tickets to our SOLD OUT show in DC on June 22nd.Here’s how to enter: Subscribe to Strict Scrutiny’s Youtube channel Leave a COMMENT on our most recent video episode with YOUR favorite Strict Scrutiny moment. [LINK MONDAY’S YT VIDEO HERE] The giveaway starts TODAY and ends June 7th at 11:59pm PT. We’ll be picki...
Jun 03, 2024•1 hr 12 min•Transcript available on Metacast A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America to talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative ...
May 31, 2024•51 min•Transcript available on Metacast 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 Pre-order your copy...
May 27, 2024•1 hr 22 min•Transcript available on Metacast 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•Transcript available on Metacast 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 Pre-order your copy of Leah's for...
May 13, 2024•1 hr 8 min•Transcript available on Metacast 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•Transcript available on Metacast 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 Pre-order your co...
Apr 29, 2024•1 hr 24 min•Transcript available on Metacast 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 " Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservativ...
Apr 22, 2024•1 hr 19 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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. 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...
Mar 26, 2024•17 min•Transcript available on Metacast 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. Pre-order your copy of Leah's forthcoming book, Lawless: How the...
Mar 25, 2024•1 hr 23 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 
