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 . Pre-order your copy of Leah's forthcoming book, Lawless: How the...
Aug 15, 2022•1 hr 17 min•Transcript available on Metacast 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 Pre-order your copy of Leah's forthc...
Aug 08, 2022•51 min•Transcript available on Metacast 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. 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 Instag...
Aug 01, 2022•1 hr 2 min•Transcript available on Metacast 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. 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...
Jul 25, 2022•57 min•Transcript available on Metacast 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•Transcript available on Metacast 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/ 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...
Jul 11, 2022•1 hr 14 min•Transcript available on Metacast 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•Transcript available on Metacast 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! 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...
Jul 01, 2022•22 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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. 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 24, 2022•1 hr 2 min•Transcript available on Metacast 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. 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 20, 2022•58 min•Transcript available on Metacast 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. Pre-order your copy of Leah's forthcoming book, Lawl...
Jun 16, 2022•1 hr 6 min•Transcript available on Metacast 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•Transcript available on Metacast 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. 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 06, 2022•1 hr 3 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe . They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And Gree...
May 16, 2022•1 hr 14 min•Transcript available on Metacast Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30]. Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Griev...
May 09, 2022•1 hr 10 min•Transcript available on Metacast Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion. Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe 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 Inst...
May 03, 2022•52 min•Transcript available on Metacast Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06...
May 02, 2022•1 hr 10 min•Transcript available on Metacast Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism. 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...
Apr 25, 2022•1 hr 1 min•Transcript available on Metacast Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vib...
Apr 18, 2022•58 min•Transcript available on Metacast Melissa interviews Linda Greenhouse about her new book, J ustice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court . This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in partnership with New York University’s John Brademas Center. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Ba...
Apr 11, 2022•49 min•Transcript available on Metacast Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56]. 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...
Apr 04, 2022•57 min•Transcript available on Metacast Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning. 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 28, 2022•1 hr 19 min•Transcript available on Metacast Rebecca Nagle, host of This Land , joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland , a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term. Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on ...
Mar 21, 2022•1 hr 14 min•Transcript available on Metacast Kate and Leah talk with Cary Franklin , the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article " Living Textualism ." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation. 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 ...
Mar 14, 2022•44 min•Transcript available on Metacast Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency . They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh? Pre-order your copy of Leah's forthcoming book, Lawless: How the...
Mar 07, 2022•2 hr 30 min•Transcript available on Metacast Leah recaps Denezpi v. United States , an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!? 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 , Thr...
Mar 03, 2022•53 min•Transcript available on Metacast 
