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PODCAST

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

01:14:25

Go Down Clutching the Constitution

Strict Scrutiny ·

2022/03/21

Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on

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00:44:24

Living Textualism

Strict Scrutiny ·

2022/03/14

Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:29:39

Canon Wars

Strict Scrutiny ·

2022/03/07

Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh? Follow us on Instagram, Twitter, Threads, and Bluesky

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00:53:11

Indian Law Hall of Fame

Strict Scrutiny ·

2022/03/03

Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!? Follow us on Instagram, Twitter, Threads, and Bluesky

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01:05:43

KBJ, All the Way!

Strict Scrutiny ·

2022/02/28

Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:16:10

I Don't Wanna

Strict Scrutiny ·

2022/02/26

Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48). Follow us on Instagram, Twitter, Threads, and Bluesky

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00:54:45

We're Doing S'mores

Strict Scrutiny ·

2022/02/21

Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:43:37

Speedy Sonia

Strict Scrutiny ·

2022/02/16

Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:52:18

Party Like It's 1935

Strict Scrutiny ·

2022/02/14

Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:33:23

Further Erosion

Strict Scrutiny ·

2022/02/09

Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:56:40

Supreme Ambition

Strict Scrutiny ·

2022/02/07

Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:16:17

Mensch On The Bench

Strict Scrutiny ·

2022/01/31

Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:35:34

Comeback Kid

Strict Scrutiny ·

2022/01/27

Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:58:34

Putting the Tea in Totenberg

Strict Scrutiny ·

2022/01/24

Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:02:04

BONUS: Strict Scrutiny x Why Is This Happening?

Strict Scrutiny ·

2022/01/19

The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast,

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00:54:21

Hot Potato

Strict Scrutiny ·

2022/01/17

Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:42:48

Putting the F in FDR

Strict Scrutiny ·

2022/01/14

Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:56:49

Justice for Snowflake

Strict Scrutiny ·

2022/01/10

Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:14:02

No Laws, Just Vibes

Strict Scrutiny ·

2022/01/08

Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:31:37

Laboratories of Autocracy

Strict Scrutiny ·

2022/01/03

Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer. Follow us on Instagram, Twitter, Threads, and Bluesky

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337 results

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