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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.

Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle

Kate and Leah have good news and bad news. The good: The Paramount/Warner Brothers merger is on hold, the Tate brothers are facing extradition, and Todd Blanche’s nomination for AG has hit a roadblock. The bad: …Everything else. They also cover the ongoing prosecution of Jim Comey for seashell art, and speak with UCLA Law’s Rick Hasen about Trump’s effort to assert presidential control over federal elections. Then, Kate checks in with Farah Diaz-Tello, senior counsel and legal director for If/When/How, on what she and her colleagues are seeing when it comes to the use of the criminal law to target both abortion and people who experience pregnancy loss after Dobbs.

Favorite things:

 • 
Kate: Olga Dies Dreaming • , Xochitl Gonzalez;
 A Setback for the MAGA Media Takeover • , Michelle Goldberg (NYT); 
Dancing to Stave Off Dementia • , Emily Goligoski (Harper's Bazaar);
 Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law • , Jerry L. Mashaw

 • 
Leah: Music, Fashion, Film • , Charli xcx;
 Who's the Clown? • , Audrey Hobert;
 This Is the Plan: How to End America's Meltdown and Save Democracy • , Ben Wikler;
 Why Do We Tolerate Elon Musk's Racist Commentary? • , Jamelle Bouie (New York Times);
 Supreme Court Job Approval Slumps to Record Low • (Gallup)

Rick: Jo Nesbø's Detective Hole (Netflix); Lucky (Apple); The Elephants in the Room: How Trump Voters Seized the Party from Republican Leaders, Seth Masket; Backlash Presidents: From Transformative to Reactionary Leaders in American History, Julia R. Azari

Follow us on Instagram, Threads, and Bluesky

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

Will Trump Succeed in Rigging the Midterms?

Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle

Friend of the Pod Emily Amick of Emily in Your Phone joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit information on medical abortion options has disturbing links to the playbook used against gender-affirming care. Then, Leah speaks with Kalpana Kotagal, Commissioner at the Equal Employment Opportunity Commission, about being the lone Democratic appointee after Trump fired the others, and the work of the Commission in a post-independent agency world. Check out Emily’s Substack, Instagram, and her book, Democracy in Retrograde.

Favorite things:

 • 
Leah • :
The Off Campus Series • , Elle Kennedy; 
Game of Rogues • , Julie Anne Long; 
Andrew Tate's Empire of Abuse • , Heidi Blake (+ 
Blake’s interview with WITHpod • ); 
Autonomy News • ; 
this decision • from the Hawaii Supreme Court; 
Subpoenas About Reporting on Qatar Gifted Air Force One Are Withdrawn After Argument in SDNY • , Matthew Russell Lee (
Inner City Press • )

 • 
Emily • : 
Careless People • , Sarah Wynn-Williams; 
The God of the Woods • , Liz Moore; 
Ride or Die • (Amazon Prime); Smitten Kitchen’s 
zucchini pasta

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

Dude Process, Not Due Process

Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s personal lawyer, you’re forever Trump’s personal lawyer. Then, a conversation about making the courts an electoral issue and why we need fresh candidates for judicial seats with Run for Something’s Amanda Litman. Finally, ahead of a crucial August 4th ballot measure in Kansas, Kate speaks with Micah Kubic, Executive Director of the ACLU of Kansas, and Emily Wales, President and CEO of Planned Parenthood Great Plains, about how Republicans in Kansas are trying to change how justices are selected for the state supreme court in order to walk back abortion rights. Check out Katie’s YouTube channel & Substack and pre-order Amanda Litman’s book, When We’re in Charge, in paperback.

Favorite things:

 • 
Kate • :
Road trips, HUMBE • 

Amanda:This Is the Plan: How to End America's Meltdown and Save Democracy, Ben Wikler; Ungodly Rich, Katharine McGee; Down to Earth, Julia Turshen

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

How Bad Is Trump's Attorney General Pick?

Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, autocracy, and the rule of law. They discuss how the Supreme Court has been “captured,” the ways Donald Trump is attempting to remake Washington, D.C., in his image, and what Hungary can teach us about autocracy and how to recover from it.

Favorite things:

 • 
Kate • :
Emil Bove Defended Trump in Court. Then Trump Made Him a Judge • , Mattathias Schwartz (NYT); 
Mailman: My Wild Ride Delivering the Mail in Appalachia and Finally Finding Home • , Stephen Starring Grant

Kim:Regime Change: Inside the Imperial Presidency of Donald Trump, Maggie Haberman & Jonathan Swan; Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt; It Can't Happen Here, Sinclair Lewis; Borgen - Power & Glory (Netflix); Gok Wan's Easy Asian (Prime Video)

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

Our Long Road Out of Autocracy

Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here!

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com
Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

Surveying the Wreckage of This Supreme Court Term

In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR.

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

SCOTUS Just Barely Preserves Birthright Citizenship

In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC.

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky 

For a transcript of an episode of Strict Scrutiny, please email transcripts@crooked.com.

SCOTUS Kills Independent Agencies, Expands Presidential Power

Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case, Wolford v. Lopez, which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides. They wrap up the show with some of the latest voting rights news.

Favorite things:

 • 
Leah • :
Kate on Hasan Minhaj’s podcast • ; JD Vance’s 
Richard Nixon revival • ; 
SDNY on trans minors • 

Kate:Judge Patrick J. Schiltz’s opinion quashing the subpoenas to state and local Minnesota officials

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com.

SCOTUS Keeps Rewriting Gun History

In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.”

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies

Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani, which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City.

Favorite things:

 • 
Leah • :Barack Obama’s 
speech • at the opening of his presidential center, 

 • 
Kate • :Michelle Obama’s 
speech • ; 
Obama and Mamdani Show How It’s Done • , Jamelle Bouie (NYT) 

 • 
Melissa • : 
Becoming • (Netflix); her award-winning 
audiobook

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

How Bad Is Trump's Attorney General Pick?

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