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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs ...
Feb 27, 2023•1 hr 3 min•Transcript available on Metacast 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 Pre-order you...
Feb 20, 2023•1 hr 2 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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. 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...
Jan 09, 2023•1 hr 1 min•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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. Pre-order your copy of Leah's forthc...
Dec 12, 2022•1 hr 10 min•Transcript available on Metacast 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•Transcript available on Metacast 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. 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...
Nov 28, 2022•1 hr 10 min•Transcript available on Metacast 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. Pre-order your copy of Leah's forthcoming book, Lawless: How...
Nov 21, 2022•43 min•Transcript available on Metacast Rebecca Nagle , host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen . The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native American children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native American children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignt...
Nov 14, 2022•1 hr 27 min•Transcript available on Metacast Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week. 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...
Nov 07, 2022•1 hr 26 min•Transcript available on Metacast On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson , President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases. Listen to an episode on race conscious remedies from our spin-off show, Irrational Basis Review 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 1...
Oct 30, 2022•1 hr 9 min•Transcript available on Metacast Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers . A former prosecutor and leading authority on sexual violence, Deb's book examines why we are primed to disbelieve allegations of sexual abuse--and how we can transform a culture and a legal system structured to dismiss accusers. This episode contains discussions of sexual violence. Please use discretion and take care of yourselves. Pre-order your copy of Leah's forthcoming book, Lawle...
Oct 24, 2022•49 min•Transcript available on Metacast Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz , National Pork Producers Council v. Ross , and Andy Warhol Foundation for the Visual Arts v. Goldsmith . Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics. 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 13t...
Oct 17, 2022•1 hr 7 min•Transcript available on Metacast Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color. Pre-order your copy of Leah's forthcoming book, Lawless: How t...
Oct 10, 2022•1 hr 9 min•Transcript available on Metacast It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term. 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...
Oct 03, 2022•1 hr 7 min•Transcript available on Metacast For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices , joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan. Pre...
Sep 26, 2022•1 hr 10 min•Transcript available on Metacast Leah talks with Wilfred Codrington III about his article, " Purcell in Pandemic ," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms? Pre-order your copy of Leah's forthcoming book, Lawless: How the Sup...
Sep 19, 2022•53 min•Transcript available on Metacast Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts , and Alicia Bannon of the Brennan Center. Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservat...
Sep 12, 2022•57 min•Transcript available on Metacast With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections. 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 ...
Sep 05, 2022•55 min•Transcript available on Metacast Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA , the Supreme Court's major climate case last term. 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...
Aug 29, 2022•52 min•Transcript available on Metacast Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization . But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the post-Roe land: journalist Rebecca Traister , health law expert Michele Goodwin , and U.S. Congressman Mondaire Jones . Pre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conserv...
Aug 22, 2022•1 hr 24 min•Transcript available on Metacast 
