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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.

The 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. 

Favorite things:

 • Kate: 
The Loneliness of Sonia and Sunny • , Kiran Desai; 
Transcription • , Ben Lerner

 • Leah: Ariana Grande’s new album 
announcement • ; Noah Kahan 
on tour • ; 
SCOTUS Drops The Other Shoe on the Voting Rights Act • , Sherrilyn Ifill (Sherrilyn’s Newsletter); 
The Slaying of the Voting Rights Act by the Coward Samuel Alito • , Rick Hasen (Slate); 
The Supreme Court is Corrupt. This is What We Can Do About It • , Jamelle Bouie 

 • Melissa: 
Yesteryear • , Caro Claire Burke; 
Voters Can Be Disenfranchised Now • , Adam Serwer (The Atlantic); 
Legal Defense Fund

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

6/20/26 – New York City

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

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky

Supreme Court Declares Racism Over

Kate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais.

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

6/20/26 – New York City

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

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky

BREAKING: SCOTUS Deals Another Blow to Multiracial Democracy

From the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System.

Favorite things:

 • Kate: 
Sexistential • , Robyn; 
USAID Whistleblower Says It Was Even Worse Than People Knew • , Vittoria Elliott (Wired); 
Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID • , Nicholas Enrich; 
Enrich’s interview on Pod Save the World • ; 
Melissa on the Work Friends podcast • 

 • Leah: 
The Great Divide • , Noah Kahan; Kahan’s 
Tiny Desk Concert • ; 
It Is Time for Ruthless Aggression • , Jonathan V. Last (The Bulwark); 
The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing • , Brian Beutler (Off Message); 
Sanewashing the Emergency Docket • , Steve Vladeck (One First); 
The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche • , Chris Geidner (Law Dork); 
LEGO Kash Patel videos

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 
 • 6/20/26 – New York City

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

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky

How Low Can the DOJ Go?

Melissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau.

Favorite things:

 • Leah: 
RFK Jr. and the raccoon penis • ; Her talk with Steve Vladeck in DC on her upcoming paper, 
The Passive Vices • , on Monday, April 20 at 12:45pm - RSVP 
here • .

 • Melissa: 
Lady Tremaine • , Rachel Hochhauser; Lily Allen’s West End Girl 
tour • ; 
Rumours • , Fleetwood Mac 

Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT) 

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

6/20/26 – New York City

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

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky

SCOTUS Squabbles Go Public

Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways.

Favorite things:

 • Leah: 
Democracy in Retrograde • by Sami Sage and Emily Amick; “
Drunks, Lampposts, and the Birthright Citizenship Case • ” by Steve Vladeck; Levain Bakery’s 
carrot cake cookie • 

 • Katie: her dog 
Lucky • 

Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community 

Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at http://crooked.com/events
Vote for us in the Webbys! 

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky
Join the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/

War Crimes, Christian Nationalism, and the 25th Amendment

Last week saw oral arguments in the birthright citizenship case, Trump v. Barbara, and listeners, it finally happened: a legal argument so outlandish from the Trump administration that even this Court will have to rule against him. Leah and Melissa break down the back-and-forth and explain why this case will give SCOTUS credibility it doesn’t deserve. They also cover the President’s firing of the blonde with the binders, Pamela Jo Bondi–pouring one out for her chaotic, destructive reign at the Department of Justice.

Favorite things:

 • Leah: 
The Birthright Con • , Jamelle Bouie (NYT); 
WNBA Players Had an Ace Up Their Sleeve in Pay Negotiations: A Nobel Laureate • , Rachel Bachman & Justin Lahart (WSJ)

 • Melissa: 
Parents as Regulators • by Caitlin Millat, forthcoming in UCLA L. Rev.; 
Harlem Rhapsody • , Victoria Christopher Murray; 
My Boo Buddies • ; 
Artemis II

Vote for us in the Webbys! 

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

Preorder a signed paperback of Leah’s book, Lawless, here.

Follow us on Instagram, Threads, and Bluesky

Birthright Citizenship + Bye-Bye, Pamela Jo Bondi

Today the Supreme Court issued its opinion in Chiles v. Salazer, the case involving a Colorado ban on conversion therapy. Leah is joined by Shannon Minter, Legal Director at the National Center for LGBTQ Rights, to break it down.

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

SCOTUS Not Cool With Colorado Ban on Conversion Therapy

Kate and guest co-host Ian Bassin of Protect Democracy kick off the show by covering the latest legal news, including developments at the Pentagon and Department of Justice, as well as Trump’s ominous threat to judges. Then, they recap the week’s opinions and oral arguments, focusing on Watson v. RNC, a case that could totally upend mail-in voting. Finally, Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, returns to the show to discuss the asylum case argued before the Court last week, the birthright citizenship case now on deck, and her work with detainees at the Dilley Immigration Processing Center in Texas.

Favorite things:

 • Kate: 
This Is Why Flying Is So Awful • , Ganesh Sitaraman (NYT); 
Why Flying Is Miserable and How to Fix It • , Ganesh Sitaraman; 
The Mixed Marriage Project: A Memoir of Love, Race, and Family • , Dorothy Roberts; 
Law on Trial: An Unlikely Insider Reckons with Our Legal System • , Shaun Ossei-Owusu

 • Ian: 
The World of Yesterday • , Stefan Zweig; 
The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution • , Jesse Wegman; the band 
Idles • , and their song 
Danny Nedelko • 

Elora: Habeas Corpus for Immigrant Detainees: A Practical Guide to Filing Habeas Petitions (Vecina)

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

Will SCOTUS Join the GOP War on Mail-in Ballots?

Leah, Kate, and Melissa preview this week’s arguments at the Court, including Watson v. Republican National Committee, a challenge over when election offices must receive absentee ballots in order for them to be counted. They also cover a flood of legal news, including the quagmire that is the New Jersey U.S. Attorney’s Office, rulings from lower courts both encouraging (U.S. District Court for the District of Columbia) and grim (the wrong-like-clockwork Fifth Circuit), and the showdown between Senator Rand Paul and Trump’s pick for DHS head, Markwayne “NOSPACES” Mullin.

Favorite things:

 • 
Kate • : 
How to stop a dictator • , Zack Beauchamp (Vox); 
The Case of Kristie Metcalfe • (NYT’s The Daily); 
Project Hail Mary • , Andy Weir

 • 
Leah • : The 
Epic transcript from NJ • ; 
luck…or something • , Hilary Duff (producer Melody’s pick: 
Future Tripping • ; producer Michael’s pick: 
Adult Size Medium • ); Her giveaway to celebrate Melissa’s new book (enter 
here • ); 

Melissa: Love Story Official Playlist (Spotify); Paradise (Hulu); Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, Aziza Ahmed.

Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader and enter the giveaway for a t-shirt HERE.

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

Absentee Ballots, Asylum, and Too Many A**holes to Count

Leah, Melissa and Kate go on Corruption Watch to catch up on all the sketchy things happening in the judicial and executive branches. Then, they cover some recent oral arguments and opinions from The Court before bringing you a conversation from last week’s live show in LA with Representative Jimmy Gomez of California’s 34th Congressional District.

Favorite things:

 • 
Kate • : 
The Correspondent • by Virginia Evans; 
Project Hail Mary • by Andy Weir; 
Vladimir • on Netflix (adaptation of the 
book • by Julia May Jonas)

 • 
Leah • : Kacey Musgraves, “
Dry Spell • ”; Judge Young’s 
opinion • denying a stay of the remedies he ordered in response to the federal government’s illegal targeting of students & noncitizens based on pro-Palestinian speech; Sonja Starr & Genevieve Lakier, 
The War on DEI as a Project of Constitutional Subversion • 

Melissa: The Devil is Busy on HBO Max; Good Woman: A Reckoning by Savala Nolan; Love Story: John F. Kennedy Jr. & Carolyn Bessette on Hulu and Disney+

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

Supreme Court Declares Racism Over

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