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Strict Scrutiny

Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.

Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.

Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.

International law expert Rebecca Ingber of Cardozo Law joins Leah at the top of the show to talk about the US and Israel's war on Iran. Then, Leah welcomes guest co-host Chris Geidner of Law Dork to run through domestic legal news, including the omission of allegations against Trump from the Epstein files, the President’s MAHA Surgeon General nominee Casey Means’s confirmation hearing, the administration’s wildly illegal halting of Medicaid funds to Minnesota, the role of independent media in Trump 2.0, and some of the stories Chris has been breaking. They also unpack last week’s oral arguments and opinions before Leah is joined by Marc Elias, chair of Elias Law Group and founder of Democracy Docket, to discuss how voting rights are under attack from all three branches of government.

Favorite Things:

 • 
Chris • : Upcoming theatre including 
As You Like It • (RSC), 
The Rock Horror Show • (Broadway), and 
Sunday in the Park With George • (Barbican, London)

 • 
Leah • : Upcoming article for the Georgetown Law Review, 
The Passive Vices • ; independent media including 
Law Dork • ; 
Democracy Docket • ; and 
One First • ; 
The Supreme Court is Not "Reining in" Executive Power • , Steve Vladeck (One First); Crooked on MS NOW premiering on Saturday at 9pm ET on MS NOW

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

 • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7 Ep21: The Conservative Push to Weaken Our Democracy

Kate is joined by Friend of the Pod Steve Vladeck (One First) to break down last week’s legal news, including developments around noncompliance in the lower courts and SCOTUS ethics. Then, Leah and Melissa join to preview upcoming arguments before the Court where the Justices will consider important asylum and Second Amendment cases, among others. Finally, Kate speaks with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation.

Favorite things:

 • 
KS • : 
Grant • , Ron Chernow; 
The Last Dance • 

 • 
LL • : 
A Caribbean Heiress in Paris • , Adriana Herrera; 
Wuthering Heights • , Charli xcx

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7 Ep20: SCOTUS Again Takes on the 2nd Amendment—What Could Go Wrong?

In today’s much-anticipated ruling, the Supreme Court struck down Trump's tariffs. But how the opinion, dissent, and concurrences break down paints a much more complicated—and concerning—picture. What happens next? Just how far will Brett Kavanaugh go to enable Big Daddy Trump? When will the Court’s conservatives realize that the Major Questions Doctrine is about as real as the tooth fairy? Kate and Leah answer these questions and more. 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7: BREAKING: SCOTUS Nixes Trump’s Tariffs

The legal news just kept coming this week, and Melissa, Leah, and Kate break it all down. Could Friend of the Pod Sam Alito be retiring? Possibly! Can Pete Hegseth retaliate against Senator and veteran Mark Kelly for free speech? No! Just how wild was Pamela Jo Bondi’s Epstein files testimony in Congress? Pretty flippin’ wild! They also cover the latest out of Minnesota, Democratic representatives tearing the head of ICE a new one, some very bad news for humans who enjoy clean air, the Heritage Foundation’s crusade against birth control, and other legal flotsam and jetsam.

Favorite things:

 • Kate: 
Bad Bunny's Super Bowl Halftime Show • ; 
Universities Are Sending Trump a Dangerous Message • , Arne Duncan & David Pressman (Washington Post); 
The Field of Blood: Violence in Congress and the Road to Civil War • , Joanne B. Freeman

 • Leah: 
We Have to Look Right in the Face of What We Have Become • , Jamelle Bouie; 
What It Means to Be a White ‘Race Traitor’ • , Nikole Hannah-Jones (NYT)

Melissa: MS NOW Presents: Clock It with Symone Sanders Townsend & Eugene Daniels; A Pilot Fired Over Kristi Noem’s Missing Blanket and the Constant Chaos Inside DHS (WSJ); Jessica Bichler for NC State Senate

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7 Ep19: Is Sam Alito On His Way Out?

SCOTUS may be between argument sessions, but the legal news isn’t slowing down. Kate, Melissa, and Leah cover the latest out of Minnesota before touching on the Department of Homeland Security’s troubling use of administrative subpoenas and Jodi Kantor’s reporting on the introduction of non-disclosure agreements to the Supreme Court. Then, some election news: the Tulsi Gabbard-supervised FBI raid on an elections office in Fulton County, Georgia, Trump’s desire to “take over” elections, and an update on the challenge against California’s Proposition 50, Gavin Newsom’s counter to racial gerrymandering in Texas. Finally, Kristi Noem’s attempt to revoke Temporary Protected Status for Haitians gets shot down by the District Court for the District of Columbia, and a smörgåsbord of other legal bits and pieces.

 • 
Leah: What a “Melania” Cinematographer Hoped to Accomplish • , Isaac Chotiner (New Yorker); Bad Bunny’s 
Grammys speech • ; Melissa’s upcoming book (link below); 
Margaritaville Resort Times Square • 

 • 
Kate • : 
The Secrets of the Whales • (Disney Plus); 
Liam Ramos Was Just One of Hundreds of Children at This Detention Center. Release Them All. • , Elora Mukherjee (NYT); 
Ian McKellen on Colbert • 

Melissa: Should You Buy a Newspaper or a Yacht? By Alexandra Petri, How Autocrats Meddle With Elections, Anne Applebaum (The Atlantic); This Guy Sucked; Nuremberg; Mona Lisa Smile; Mrs. America; Fleece Puppy Bag (Zara)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

 • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7 Ep18: Are You There, God? It’s Me, the Constitution.

Melissa, Kate, and Leah break down the various legal cases arising from ICE’s occupation of Minnesota, including a bid to end DHS’s Operation Metro Surge and a case from citizens seeking to block the abusive use of tear gas and pepper spray. Then, the hosts welcome Crooked’s Tommy Vietor to talk about all things foreign policy: Trump's blatant disdain for international law, the so-called “DonRoe Doctrine,” the President’s wildly incoherent and pointless tariffs, and why Trump’s claim that he’s ended eight wars is beyond laughable. Finally, a deeply concerning FBI raid on the Fulton County elections office supervised by Hawaii's least favorite daughter, Tulsi Gabbard.

Favorite things:

 • 
Leah • : 
Streets Of Minneapolis • , Bruce Springsteen; 
The Blood-and-Soil Nationalism That Killed Alex Pretti and Renee Good • , Ta-Nehisi Coates (Vanity Fair); 
Minnesota Proved MAGA Wrong • , Adam Serwer (The Atlantic); 
Chris Hayes’ reporting from MN • 

 • 
Kate • : 
This May Be the Only Path to Accountability for the Minneapolis Shootings • , Barry Friedman and Stephen I. Vladeck (NYT); 
Who Gave ICE Permission to Trample the Constitution? • Amicus (Slate); 
JVN Hair • ; 
Migrations • , Charlotte McConaghy

 • 
Melissa • : 
His and Hers • , 
Reality Check: Inside America’s Next Top Model • (Netflix); 
King of the North • 

Martin Luther King Jr.'s Life of Struggle Outside the South, Jeanne Theoharis 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7 Ep17: The Illegality and Injustice of ICE’s Minnesota Occupation

First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook, on whether Trump has the power to fire Lisa Cook from the Federal Reserve Board. They also cover the week’s other oral arguments, including a Second Amendment case where Sam Alito came out as woke…for guns. Finally, with apologies to the Fifth Circuit, a new nominee for America’s worst circuit court. Preorder Melissa’s new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, out May 12, 2026. 

Favorite things:

 • 
Melissa • : 
Valentino Was the Last of Fashion’s Old Guard • , Robin Givhan (NYT); 
The Supreme Court Just Held an Anti-Trans Hatefest • , Elie Mystal (The Nation)

 • 
Kate • : 
The Purged • , Franklin Foer (The Atlantic); 
There’s Much More at Stake in the Fed Case Than Interest Rates • , Lev Menand (NYT); 
God of the Woods • , Liz Moore; 
Broken Country • , Clare Leslie Hall

 • 
Leah • : Lindsey Halligan 
being a shitty lawyer • ; 
Mark Carney at the World Economic Forum • ; 
Stand With Minnesota • ; 
Your Friendly Neighborhood Resistance • , Kerry Howley (New York Magazine)

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, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7: Will the Court Actually Push Back Against Trump’s Unlawful Firings?

Melissa, Leah, and Kate kick off by discussing the functional suspension of the Constitution in Minneapolis and Trump’s targeting of Federal Reserve Chair Jerome Powell. Then they dissect the arguments in a pair of cases that came before the Court last week about whether state laws barring trans girls and women from their schools’ sports teams violate the Constitution or Title IX. Finally, they break down new opinions from SCOTUS involving criminal law, the Fourth Amendment, and mail-in ballots.

Favorite things:

 • 
Kate: • 
You’ve heard about who ICE is recruiting. The truth is far worse. I’m the proof. • , Laura Jedeed (Slate); 
Remarkably Bright Creatures • , Shelby Van Pelt; 
God of the Woods • , Liz Moore; 
Ulysses at the Public Theater • 

 • 
Leah • : 
They Were Ordinary Germans. We Are Ordinary Americans. • , Shalom Auslander (NYT); 
What to know about the Insurrection Act • , Steve Vladeck & Allison Gill (One First); 
Can Trump Actually Use the Insurrection Act? • Steve Vladeck and Jennifer Rubin (The Contrarian)

 • 
Melissa • : 
Nuremberg • ; 
Ammel vs. Sinema • ; 
This guy • 

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, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7: Will SCOTUS Keep Trans Kids Out of Sports?

Leah, Kate, and Melissa preview January’s major SCOTUS cases, including disputes over trans kids' participation in team sports, a concealed-carry ban in Hawaii, and Trump’s attempt to fire Federal Reserve Governor Lisa Cook. The hosts are then joined by Georgetown Law Professor Marty Lederman to break down the administration’s flimsy legal case for the regime-change operation in Venezuela, as well as the Court’s shadow docket ruling on the federalization and deployment of the National Guard in Chicago. Finally, some news: the horrific murder of Renee Good in Minneapolis, the Court’s opinion in an important habeas case, and an unhinged tweet from Trump’s Assistant Attorney General for Civil Rights.

Favorite things:

 • Leah: 
Jan Crawford’s attack on SCOTUS “corruption” narrative was its own substantive-free narrative • , Chris Geidner (Law Dork); 
The Year America Broke Open • , Sherrilyn Ifill (Sherrilyn’s Newsletter); 
State v. Johnson • (Wyoming Supreme Court); 
Heated Rivalry • by Rachel Reid and on 
HBO Max • (
Game Changers series • ); 
Rally for America's Workforce: PAWA to the People • on Wednesday, 1/14/26 at 12:00pm at Upper Senate Park in DC

 • Kate: 
Audition • , Katie Kitamura; 
A Marriage at Sea: A True Story of Love, Obsession, and Shipwreck • , Sophie Elmhirst; 
The Wager: A Tale of Shipwreck, Mutiny and Murder • , David Grann; 
The Power Broker: Robert Moses and the Fall of New York • , Robert Caro; FOTP Steve Vladeck’s 
Senate Judiciary Committee testimony • 

 • 

Melissa: The Heir Apparent, Rebecca Armitage; Tomorrow and Tomorrow and Tomorrow, Gabrielle Zevin; Ziwe’s interview with Vince Staples

 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

 • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7: Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela

Leah kicks off the episode with repeat guest Rebecca Ingber of Cardozo Law to discuss the wild illegality–both domestic and international–of Trump’s regime change operation in Venezuela. Then, Kate, Melissa, and Leah welcome Princeton professor and expert on the rise of modern autocracies, Kim Lane Scheppele to break down how Trump is consolidating power over the executive branch and the courts. Leah next catches up with president and CEO of Democracy Forward Skye Perryman on some of the legal developments over the holidays, including challenges to Department of Education funding cuts, the freezing of childcare payments to Minnesota, and a near-total abortion ban for veterans. Finally, the hosts speak with Demand Justice's Josh Orton about the worrying trends his organization is seeing among Trump 2.0’s judicial nominees.

Kim’s favorite things: An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril, Gerald J. Postema (Judicature); Judge Harvey Wilkinson’s opinion in Abrego Garcia v. Noem; Judge William G. Young’s opinion in AAUP vs. Rubio; Sara L. Ellis’s opinion in Chicago Headline Club v. Noem; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

 • 3/6/26 – San Francisco

 • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S7: Can America Pull Back From the Brink of Autocracy?

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.

 

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, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

S3: The Non-Existent Establishment Clause

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