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PODCAST

Strict Scrutiny

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

government philosophy

All Episodes

00:46:47

How the Federalist Society Took Over

Strict Scrutiny ·

2023/07/10

We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution and Separate But Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture, joins Melissa and Leah to guide the journey.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community

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01:02:15

What else can the Supreme Court get away with?

Strict Scrutiny ·

2023/07/03

Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? in an RV in Walmart parking lot? Who's to say!). They highlight recurring themes throughout the justices' opinions, relive some of the best moments in oral arguments, recap the Court's scandals, and preview the cases that scare them next term.US term. Watch/listen to this episode of The Problem with Jon Stewart where the Strict Scrutiny Hosts

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00:49:48

Student Debt Relief Bad, Bigotry Good

Strict Scrutiny ·

2023/06/30

The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates "a constitutional right to refuse to serve members of a protected class." And in the latter, the majority invalidate's the Biden administration's student debt relief program because, well, they had feelings about it.Listen to our episode recapping the 303 Creative arguments: "How the 303 Creative case threatens to roll back the

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01:02:35

The End of Affirmative Action

Strict Scrutiny ·

2023/06/29

Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions programs that consider race to be in violation of the 14th Amendment. Melissa, Kate, and Leah break down the Chief Justice's opinion, Justice Thomas's galling concurrence, and the brilliant dissents by Justice Jackson and Justice Sotomayor.Listen to our recap of the hours and hours of oral arguments in these cases: "Affirmative Action Reaction"Follow

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00:54:12

Is ISL dead? IDK.

Strict Scrutiny ·

2023/06/27

The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can’t actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.We'll be around all week pushing out emergency episodes as the Supreme Court continues to do... whatever it does. Be sure to subscribe in your

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01:08:48

A Fear of Too Much Justice

Strict Scrutiny ·

2023/06/26

Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Alito. And then it's opinion-palooza, recapping the opinions we got last week while we wait with bated breath for the horrors the last week of the term will bring.Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:44:02

BONUS: This Land on the Indian Child Welfare Act

Strict Scrutiny ·

2023/06/24

Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast, takes us inside the courtroom in this special bonus episode to break down the decision, how we got here, and what it all means. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:16:52

Good News for the Indian Child Welfare Act

Strict Scrutiny ·

2023/06/19

The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.Listen to two previous episodes with Rebecca Nagle: "Go Down Clutching the Constitution" from March 2022 when the case was granted, and "The Uncertain Future of the Indian Child Welfare

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00:34:00

Trump Arraigned and Arrested (BONUS episode)

Strict Scrutiny ·

2023/06/14

Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more.Follow @CrookedMedia on Instagram and Twitter for more original content, host

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01:16:29

A Win for Multiracial Democracy

Strict Scrutiny ·

2023/06/12

Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah to break down the opinion for a live show at Howard University School of Law.Listen to this past episode where the hosts recap the oral arguments for Allen v. MilliganRead Melissa Murray's op ed with Steve Vladeck in The Washington PostListen to argument recaps for Jack

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00:55:01

"Not That Bad" is Still Bad!

Strict Scrutiny ·

2023/06/05

Melissa, Leah, and Kate talk to Jenny Hunter, a labor lawyer and union consultant, about the recent SCOTUS opinion in Glacier Northwest v. Teamsters which has implications for union labor laws and the right to strike. They also discuss Justice Alito’s ignoring the Court's newly self-imposed sort-of-not-really enforced ethics rules, and a PBS Frontline documentary about Clarence and Ginni Thomas (that even Kate couldn’t turn off).Sign up to see the Strict Scrutiny live show in Washington, DC on June

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01:16:35

A Wrecking Ball to Environmental Law

Strict Scrutiny ·

2023/05/29

Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections-- threatening the future of the nation's clean water. And of course, Leah and Steve catch up on the latest Harlan Crow news.Plus, Jessica Valenti gives an update on life after Dobbs.Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!Listen to this past episode

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01:02:52

Anti-Abortion Litigation at Warp Speed

Strict Scrutiny ·

2023/05/22

Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined.Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!The hosts covered the arguments of the opinions for Gonzales v

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01:13:32

You Can Crime If You Want To

Strict Scrutiny ·

2023/05/15

Melissa, Kate, and Leah cover the gift that keeps on giving-- a.k.a. billionaire Harlan Crow, who can't seem to stop giving undisclosed gifts to Justice Clarence Thomas. They continue the discussion on the deluge of stories about questionable ethics at the Supreme Court following a report that said Leonard Leo arranged for Ginni Thomas to be paid tens of thousands of dollars for "consulting work". The cherry on top? Two recent Supreme Court opinions about political corruption and fraud. Finally,

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01:30:33

Asked and Answered: A Listener Mailbag Episode!

Strict Scrutiny ·

2023/05/08

It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are our fancy billionaire friends? Can we stop being such hysterical harpies? Which Taylor Swift song is the best? Plus, we recap Justice Alito's "interview" with the Wall Street Journal so you don't have to read it. Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram,

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01:06:37

Ethics, Shmethics

Strict Scrutiny ·

2023/05/01

The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court, joins Melissa, Kate, and Leah to discuss proposals for making the judiciary more transparent and accountable. Plus, the hosts recap oral arguments-- including one on whether the government can take your money and keep the change.• Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter,

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01:06:39

What's next for mifepristone?

Strict Scrutiny ·

2023/04/24

Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves

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01:09:13

The Ultimate in Anti-Abortion Exceptionalism

Strict Scrutiny ·

2023/04/17

Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, then undisclosed real estate deals. Then, if you're wondering about the latest in the mifepristone cases, the hosts breakdown the latest news and what it all means for abortion care nationwide. Kate and Leah also preview two court cases that will be argued at the Supreme Court next week, recap an opinion, and highlight a concerning grant.We want to hear

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01:23:18

Mifepristone, Mega Yachts, and Maskgate

Strict Scrutiny ·

2023/04/10

Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences. They discuss the lasting effects of the Trump

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00:36:19

The Arrest is History

Strict Scrutiny ·

2023/04/05

It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah and Kate to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts. Follow us on Instagram, Twitter, Threads, and Bluesky

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