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Strict Scrutiny
Crooked Media
352 episodes
3 days ago
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.
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Government
Society & Culture,
Philosophy,
News
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All content for Strict Scrutiny is the property of Crooked Media and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
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.
Show more...
Government
Society & Culture,
Philosophy,
News
Episodes (20/352)
Strict Scrutiny
A Blockbuster Non-Opinion and a Fascism Grab Bag
Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause.
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6 days ago
1 hour 24 minutes 11 seconds

Strict Scrutiny
Will the Courts Let Trump End Birthright Citizenship?
May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case.
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1 week ago
1 hour 44 minutes 6 seconds

Strict Scrutiny
The Supreme Court’s ‘Lawless’ Era
Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Reads, When We're in Charge: The Next Generation's Guide to Leadership.
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2 weeks ago
1 hour 36 minutes 1 second

Strict Scrutiny
Will SCOTUS Sign Off on Religious Charter Schools?
Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review.
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3 weeks ago
1 hour 43 minutes 17 seconds

Strict Scrutiny
Can Religious Parents Veto Books in Public Schools?
Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone, joins to discuss the rise of the creepy conservative push to get women to have more babies.
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1 month ago
1 hour 40 minutes 2 seconds

Strict Scrutiny
Are Trump Administration Officials in Criminal Contempt?
Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.
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1 month ago
1 hour 33 minutes 9 seconds

Strict Scrutiny
SCOTUS Lets Trump Play Word Games
This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and president of the ACLU, joins to talk about her new book, Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality.
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1 month ago
1 hour 30 minutes 18 seconds

Strict Scrutiny
What’s the Future of Planned Parenthood?
Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challenges to Trump’s ruinous tariffs, and discuss the latest in the ongoing right-wing effort to challenge Allison Riggs’ election to the Supreme Court of North Carolina.
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1 month ago
1 hour 29 minutes 7 seconds

Strict Scrutiny
Can Elon Musk Buy the Wisconsin Supreme Court Race? (With Jon Lovett)
Jon Lovett joins Leah and Melissa to talk about what’s at stake in this week’s Wisconsin Supreme Court election and what it was like campaigning for Susan Crawford in Madison and Milwaukee. Then, the ladies run through a busy week of argument recaps, opinions, and legal news, covering the relitigation of the Voting Rights Act, the sunsetting of the administrative state, and that text chain.
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2 months ago
1 hour 34 minutes 18 seconds

Strict Scrutiny
Deportations and the Death of Due Process
After a deep dive on the Trump administration’s horrifying misuse of the Alien Enemies Act to deport people from the US without due process, Kate and Leah preview upcoming SCOTUS cases about the Voting Rights Act and the Environmental Protection Agency. Along the way, they also touch on the Trump administration’s targeting of certain law firms and its continued attacks on DEI.
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2 months ago
1 hour 25 minutes 3 seconds

Strict Scrutiny
How to Lose a Democracy in 10 Laws (with Elie Mystal)
Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education.
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2 months ago
1 hour 7 minutes 8 seconds

Strict Scrutiny
The Conservative Push to Sue the Media Into Oblivion
After covering the latest goings-on in Trumpland, Melissa and Kate turn to this week’s SCOTUS arguments and opinions, touching on the Court’s decision to weaken the EPA’s clean water regulations and Mexico’s bid to hold American gun manufacturers liable for cartel violence. In the second part of the episode, Kate and Melissa talk with David Enrich of the New York Times about his new book, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful.
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2 months ago
1 hour 11 minutes 42 seconds

Strict Scrutiny
Pod Save the Separation of Powers
Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they’re now calling “Pod Save the Separation of Powers.” Then, they turn to what’s going on at One First Street, covering some new opinions, as well as this week’s arguments, including a case about “reverse discrimination.”
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3 months ago
1 hour 17 minutes 44 seconds

Strict Scrutiny
The Atextual & Illegal Attack on Birthright Citizenship
Melissa, Leah, and Kate are joined by Professor Kate Masur of Northwestern to talk about just how illegal and off-the-wall Trump’s executive order on birthright citizenship is. Then, the hosts cover the multitude of other horrors coming out of the executive branch, preview February’s SCOTUS cases, touch base with the wackos at the Fifth Circuit, and ask the all-important question: are the mens okay?
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3 months ago
1 hour 21 minutes 24 seconds

Strict Scrutiny
Yes, We’re in a Constitutional Crisis
Live from Fordham Law, Leah, Melissa, and Kate stay on the Trump 2.0 chaos beat. They cover the continued ransacking of the federal government by the new administration, lawlessness at the DOJ, and the gutting of the Consumer Financial Protection Bureau. Finally, they take some time to consider just how much this new administration hates women.
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3 months ago
1 hour 13 minutes 54 seconds

Strict Scrutiny
DOGE Runs Amok & Originalism’s Ahistoricism
This week, the ladies react to the ransacking of the federal government by Elon Musk and his fleet of DOGE dorks. Then, Kate and Leah speak with Jonathan Gienapp, professor of law and history at Stanford University and author of Against Constitutional Originalism: A Historical Critique, about what originalists get wrong about history and how the founders thought about the law.
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3 months ago
1 hour 25 minutes 18 seconds

Strict Scrutiny
The Lawlessness, Chaos, & Cruelty of Trump 2.0
Melissa, Kate, and Leah continue to assess the fallout from the second Trump administration, including his blatant disregard of the law in firing many inspectors general. They also discuss the mental gymnastics required to blame Wednesday’s tragic plane crash on DEI, the repercussions of the administration's executive orders targeting trans people, and two crucial state supreme court races.
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3 months ago
1 hour 11 minutes 37 seconds

Strict Scrutiny
Trump’s Onslaught of Executive Orders
Post-inauguration, the Trump administration is wasting no time issuing a flurry of heinous executive orders. Melissa, Kate, and Leah walk through them and then take a look at last week’s SCOTUS arguments. Finally, they answer some listener questions about the Court’s TikTok decision and share some rare but real good Supreme Court news. 
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4 months ago
1 hour 16 minutes 57 seconds

Strict Scrutiny
SCOTUS's Porn Problem
Leah, Melissa and Kate cover some breaking news, including Biden’s last-minute declaration that the Equal Rights Amendment is the law of the land. Then, it’s a rollicking ride through Free Speech Coalition v. Paxton, one of the more entertaining oral arguments of late. Come for the hosts’ sharp legal analysis, stay for Justice Alito’s questions about whether Pornhub features longform journalism.
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4 months ago
1 hour 13 minutes 37 seconds

Strict Scrutiny
SCOTUS Unanimously Upholds TikTok Ban
In the first emergency episode of 2025, Kate, Leah, and Melissa break down the Court’s unanimous decision to uphold the upcoming TikTok ban in the United States. They cover the implications and possible unintended consequences, and Leah bids farewell to her personal Chinese spy.
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4 months ago
38 minutes 5 seconds

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.