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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.

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?

Alex digs into the destruction of due process and rule of law under the Trump administration. First, she hears from Judge Anam Petit, a recently fired immigration judge who explains how the legal system is being quietly dismantled to prioritize deportations. Then, Alex speaks to Andrew Weissmann, former lead prosecutor in Robert Mueller’s Special Counsel’s Office, about whether our system is forever changed, and what it’s like to be in President Trump’s crosshairs.

For a transcript of this episode, click here.

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: Introducing Runaway Country: Justice Has Left the Building

It’s that time of year when Leah, Melissa, and Kate put on their influencer hats and recommend the things that made their days a little brighter in 2025. This year, they’re joined by two special guests: rockstar Strict Scrutiny intern Jordan Thomas to share some of his picks, and former Chair of the Federal Election Commission Ellen Weintraub to discuss two of democracy’s favorite things—independent agencies and the regulation of money in politics. 

Favorite things:
 

 • 
WANT
 • 
Leah • : 
Cozy Earth Bubble Cuddle Blanket • , 
Jones Road Just Enough Tinted Moisturizer • 

 • 
Kate • : 
Aventura electric scooter • , 
Grüns Superfood Greens Gummies • 

 • 
Melissa • : 
True Botanicals • , 
e.l.f. Camo Liquid Blush • 

 • 
Jordan • : 
Tea Tree Leave-In Conditioner • , 
Pink Oil Moisturizer • , 

 • 

 • 
NEED
 • 
Leah • : 
Peloton stretching classes • , 
Farmhounds • dog treats; 
Badlands Ranch • dog food

 • 
Kate • : custom 
bobbleheads • & 
action figures • , 
Lilly Allen’s tour • , 
Strict Scrutiny’s upcoming West Coast tour • 

 • 
Melissa • : 
Caddis readers • , 
Blackwing Matte pencils • , 
As Ever Rosé • 

 • 
Jordan • : 2026 
Evanescence • and 
Korn • tours, these 
headphones
 • 

 • 
WEAR
 • 
Leah • : 
Forme Power Bra • , 
Argent • , 
TheRealReal • 

 • 
Kate • : 
Strict Scrutiny onesies • , 
Cozy Earth Studio Wide Leg Pant • 

 • 
Melissa • : 
Quince yak wool sweaters • , 
Uniqlo White T-Shirt, Clearly Collective Collegiate Scarves • , 
WaySoft Cashmere Beanie • 

 • 
Jordan • : 
Crooked Con Merch • , 
Mavi jeans
 • 

 • 
READ
 • 
Leah • : 
The Wedding People • , Alison Espach; 
Julie Anne Long • ’s Pennyroyal Green series; 
Lisa Kleypas • ’ Wallflowers series; 
These Summer Storms • , Sarah MacLean; 
Bury Our Bones in the Midnight Soil • , V. E. Schwab; 
The God of the Woods • , Liz Moore; 
Book of the Month • 

 • 
Kate • : 
The Power Broker • , Robert Caro; 
Who Is Government? • Michael Lewis; 
Character Limit: How Elon Musk Destroyed Twitter • , Kate Conger & Ryan Mac; 
The Radical Fund • , John Fabian Witt; 
Isola • , Allegra Goodman; 
Heart the Lover • , Lily King; 
Martyr! • Kaveh Akbar; 
The History of Sound • , Ben Shattuck

 • 
Melissa • : 
Matriarch • , Tina Knowles; 
Black in Blues: How a Color Tells the Story of My People • , Imani Perry; 
Jane Austen's Bookshelf • , Rebecca Romney; 
Atmosphere • , Taylor Jenkins Reid; 
The Book Club for Troublesome Women • , Marie Bostwick; 
The Loneliness of Sonia and Sunny • , Kiran Desai

 • 
Jordan • : 
Lawless • , Leah Litman; 
The Sirens' Call • , Chris Hayes; 
Bad Law • , Elie Mystal; 
Charles Sumner: Conscience of a Nation • , Zaakir Tameez; 
Just Shine! How to Be a Better You • , Sonia Sotomayor

 • 
Ellen • : Deanna Raybourn’s 
Veronica Speedwell Mysteries • ; 
Everyone in My Family Has Killed Someone • , Benjamin Stevenson; 
The Black Wolf • , Louise Penny; 
Shakespeare: The Man Who Pays the Rent • , Judi Dench; 
This Is Happiness • , Niall Williams; 
Elizabeth Strout • ; 
Amor Towles • 

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: Our Favorite Things, 2025

Leah, Kate, and Melissa recap the oral argument in Trump v. Slaughter, a case that could nuke the administrative state as we know it by giving Trump broad leeway to fire heads of independent agencies. They also cover the other arguments in cases involving campaign finance and the death penalty, and various and sundry bits of legal news including the antics of Judge Emil Bove and Trump’s ongoing game of U.S. attorney musical chairs.

Favorite things:

 • Leah: 
At will? Whose will? • By Don Moynihan (Can We Still Govern?)

 • Melissa: 
Trump’s Very Weird Night at the Kennedy Center Honors • , Alexandra Petri (The Atlantic); 
A Flower Traveled in My Blood • , Haley Cohen Gilliland

 • Kate: 
How a Manosphere Star Accused of Rape and Trafficking Was Freed • , Megan Twohey and Isabella Kwai (NYT)

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: SCOTUS Is About to Turbocharge Presidential Power

Kate, Melissa, and Leah are joined by Professor Rebecca Ingber of Cardozo Law to break down the blatant illegality of the administration’s murders of alleged “narcoterrorists” in the waters off South America. Then they dive into last week’s oral arguments, which featured cases involving “crisis pregnancy centers,” asylum claims, and whether internet providers are responsible for their users’ copyright violations.

Favorite things:

 • Kate: 
This wild deposition • ; 
Disappeared to a Foreign Prison • , Sarah Stillman (New Yorker), 
Olivia Dean • , 
Sabrina Carpenter’s White House slapdown • 

 • Leah: Dunking on 
this nonsensical op-ed • ; 
Republican Anger Erupts at Johnson as Party Frets About Future • , Annie Karni (NYT); 
Hands Off Chicago • 

 • Melissa: 
WaySoft Cashmere Beanie • ; 
Ziwe interviews Eric Adams • ; 
Prince Harry on Colbert • ; 
Troublemaker; The Fierce, Unruly Life of Jessica Mitford • , Carla Kaplan; 
Victoria • (Netflix)

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: We Need To Talk About Trump’s Maritime Murders

Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.

 • Read Melissa and Kate's article in the Harvard Law Review, "
Dobbs & Democracy • "

 • Read Melissa's article from the Houston Law Review, "
Children of Men: The Roberts Court’s Jurisprudence of Masculinity • "

 • Pre-order 
The Trump Indictments: The Historic Charging Documents with Commentary • , by Melissa Murray and Andrew Weissmann (code STRICT10 gets you 10% off at check-out!) 

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

S5: The Good, The Bad, And The Ugly From State Courts

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