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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

00:48:34

SCOTUS Restores Trump to the Colorado Ballot,...

Strict Scrutiny ·

2024/03/05

The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).Listen to our recap of the oral arguments in the episode "SCOTUS Has Their Own Theories About Trump's Eligibility"Follow us on Instagram,

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01:25:47

Content Moderation, Machine Guns, and Trump's Trial...

Strict Scrutiny ·

2024/03/04

Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. Listen to evelyn's podcast,

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01:29:17

The Alabama Supreme Court Embraces Fetal Personhood

Strict Scrutiny ·

2024/02/26

Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at

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01:17:29

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

Strict Scrutiny ·

2024/02/19

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

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01:02:45

SCOTUS Has Their Own Theories About Trump’s Eligibility

Strict Scrutiny ·

2024/02/12

The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.Follow us on Instagram, Twitter, Threads, and Bluesky

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00:31:33

Why Did Trump Get Denied Immunity?

Strict Scrutiny ·

2024/02/07

This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. Follow us on Instagram, Twitter, Threads, and Bluesky

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00:53:05

Does the Constitution Disqualify Trump from Presidency?

Strict Scrutiny ·

2024/02/05

This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy. Follow us on Instagram, Twitter, Threads,

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00:50:32

E. Jean Carroll and Robbie Kaplan on Trump's...

Strict Scrutiny ·

2024/02/02

E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. What was Trump's vibe in the courtroom? Will he actually pay up? And what does E. Jean plan to do with all that money? Melissa, Kate, and Leah get all these answers and more.Read the NYT's piece on Robbie Kaplan: "In Trump’s Bitter, Yearslong Brawl With Roberta Kaplan, He Keeps Losing"Read E. Jean Carroll's 2019

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01:25:23

Who Has Final Authority At The Border?

Strict Scrutiny ·

2024/01/29

Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War: FDR, His Justices, & The World They Made. Follow us on Instagram, Twitter, Threads, and Bluesky

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01:06:14

AITA? SCOTUS Edition

Strict Scrutiny ·

2024/01/22

Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes. Leah, Melissa, and Kate recap the arguments and outline the Koch-funded basis for the Supreme Court's latest power grab.Read the NYT's reporting on the funding behind the conservative quest to overrule Chevron Follow us on Instagram, Twitter, Threads, and Bluesky

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01:07:51

The Legality of Presidents Doing Whatever They Want

Strict Scrutiny ·

2024/01/15

Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron, the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a

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01:16:44

Trump's Eligibility, Cash for Clarence, and a...

Strict Scrutiny ·

2024/01/08

We're only one week into 2024, and there's so much news to catch up on! Melissa, Leah, and Kate discuss ProPublica's reporting about rich guys giving Justice Thomas money when he hinted at retiring because his salary as a justice was too low. Then, they look to the latest in state courts, which are deciding issues such as Donald Trump's presidential eligibility, women's access to emergency abortion care, and fairly drawn electoral maps. After some quick previews of the cases the Supreme Court will

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01:01:54

New Year, Same Court

Strict Scrutiny ·

2024/01/01

To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court.Listen to us on Getting Curious: "What's Happening with the Supreme Court?" Follow us on Instagram, Twitter, Threads, and Bluesky

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01:26:10

Behind the Scenes of Overturning Roe v. Wade

Strict Scrutiny ·

2023/12/18

Before we settle in for a long winter's nap, we have a LOT to catch up on. First, Jodi Kantor joins the pod to talk about her reporting, with Adam Liptak, on what went down behind the scenes at SCOTUS as the conservative majority sought to overturn Roe. Then we go over some new grants of cases the Supreme Court will hear in the near future-- including the mifepristone case, and a case about January 6th convictions. We also recap some bananas arguments in Wisconsin over a gerrymandering case. And

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01:14:17

Fake Cases, Fake Facts, Real Implications

Strict Scrutiny ·

2023/12/11

Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a bankruptcy case involving Purdue Pharma and the Sackler family. Plus, we have a breaking (and heart-breaking) update on an abortion-related case out of Texas.Read Hawaii Supreme Court Justice Todd Eddin's stunning concurrence excoriating originalismListen to our recent episode on another abortion-related case out of Texas Follow us on Instagram, Twitter, Threads, and Bluesky

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01:29:49

Taking a Hatchet to Government Agencies

Strict Scrutiny ·

2023/12/04

Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome Oona Hathaway and Sam Sankar-- two former clerks to the late Justice Sandra Day O'Connor-- to discuss her life and legacy.Read Kate's NYT op ed on Jarkesy: "This Quiet Blockbuster at the Supreme Court Could Affect All Americans"Read Oona Hathaway's NYT op ed on Justice O'Connor, "I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy."Read The 19th's

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01:03:32

A Deregulatory Sh*t Show Waiting to Happen

Strict Scrutiny ·

2023/11/27

For its final sitting of 2023, the Supreme Court will hear cases on the Armed Career Criminal Act, double jeopardy, and whether the government is, well, constitutional. Leah, Melissa, and Kate preview those cases, and look into a hot mess of a voting rights case in the Eighth Circuit. Plus, US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.Watch the Strict Scrutiny hosts on The Problem With Jon Stewart, previewing the horrors that await in Jarkesy v. SECRead Justice Jackson's

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01:18:50

A Code of Misconduct

Strict Scrutiny ·

2023/11/20

After months of public pressure, the Supreme Court has released its newly adopted code of ethics. But it leaves a lot to be desired! Melissa, Kate, and Leah analyze the code and find all the possible loopholes. We also talk to Molly Duane, one of the plaintiffs' lawyers in the Zurawski case out of Texas, where women suffered serious health and emotional consequences after being denied abortions. And then we welcome Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi, to

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01:12:01

The Supreme Court's Second Amendment Mess

Strict Scrutiny ·

2023/11/13

Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ.Listen to "How SCOTUS gutted our gun laws," our episode on the 2022 decision that started this madness Follow us on Instagram, Twitter, Threads, and Bluesky

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01:08:21

Doing Government on Twitter

Strict Scrutiny ·

2023/11/06

Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media platforms. Do the justices actually understand how social media, or even the Internet, works? Unclear! Plus, a recap of the case over whether the phrase "Trump Too Small" can be trademarked. They also preview the upcoming second amendment case, United States v. Rahimi, which challenges a federal law prohibiting people subject to domestic violence restraining

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