Strict Scrutiny
193 episodes - English - Latest episode: over 1 year ago - ★★★★★ - 1.4K ratingsStrict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.
The show is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways.
The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.
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Episodes
Women Are Not Without Power
August 15, 2022 07:00 - 1 hour - 78.7 MBEven though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that reproductive freedom is an essential part of the state constitution. They're joined by several of the activists behind the victory.
Hostility to Mercy
August 08, 2022 07:00 - 59 minutes - 54.9 MBLeah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases. Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases. Read Lee's article, "The Trump Executions," in the University of Texas Law Review
Law & Religion on the Barrett Court
August 01, 2022 07:00 - 1 hour - 62.9 MBIt's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.
The Family Roe: An American Story
July 25, 2022 07:00 - 1 hour - 58.6 MBMelissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.
How Mitch Rigged the Courts
July 18, 2022 07:00 - 1 hour - 55.6 MBWhile the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process. *Brandon also wrote an article calle...
Break Glass in Case of Emergency
July 11, 2022 07:00 - 1 hour - 75.2 MBIt was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to. For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/
Smashing Precedents and Making Up Facts
July 04, 2022 07:00 - 1 hour - 65.5 MBThe Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06]. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to ...
Just how bad is the Supreme Court's EPA decision?
July 01, 2022 01:50 - 22 minutes - 20.2 MBKate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!
This Maximalist Conservative Supermajority
June 27, 2022 07:00 - 1 hour - 65 MBThe pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28]. Opinions discussed: Marietta Memorial Ho...
Roe is dead. Now what?
June 25, 2022 00:43 - 1 hour - 59.8 MBToday the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent. You’re angry. We’re angry. Let’s do something about it. From directly supporting pat...
How SCOTUS gutted our gun laws
June 24, 2022 02:18 - 1 hour - 64.9 MBToday the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.
Reeking of Impropriety
June 20, 2022 07:00 - 1 hour - 62.6 MBThe Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there.
Queer Supremacy (A Pride Special)
June 16, 2022 07:00 - 1 hour - 67.5 MBIt's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights. This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more.
The Newly Constituted and Restless
June 13, 2022 07:00 - 56 minutes - 51.5 MBThe Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news. Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-a...
Allow Me To Retort
June 06, 2022 07:00 - 1 hour - 65.9 MBMelissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution. P.S. Melissa, Kate, and Leah will be on The Problem with Jon Stewart this Thursday, June 9th! Don't miss it.
Innocence Isn't Enough
May 30, 2022 07:00 - 1 hour - 66.8 MBInvestigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez [3:30]. The Supreme Court released an opinion in the case last week, and it's bad. There is a miniscule moment of joy, though, in the recap of the opinion in Morgan v. Sundance, which is about arbitration and also Taco Bell [51:58]. Finally, we do a quick round-up of other court-adjacent news, including the fever dream tha...
The Only Loser is the Public
May 23, 2022 07:00 - 1 hour - 62.5 MBEllen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland, a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-...
What's next in a post-Roe world
May 16, 2022 07:00 - 1 hour - 74.3 MBKate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And G...
Stay Mad Like Sam
May 09, 2022 07:00 - 1 hour - 68.7 MBKate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30]. Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe
What the SCOTUS leak could mean for abortion
May 03, 2022 22:40 - 52 minutes - 119 MBKate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion. Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe
The Inner Life of Coach Kavanaugh
May 02, 2022 07:00 - 1 hour - 67.3 MBLeah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [...
Coup, But Make It Look Legal
April 25, 2022 07:00 - 1 hour - 60.2 MBKate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism.
The Non-Existent Establishment Clause
April 18, 2022 07:00 - 1 hour - 56.8 MBLeah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty.
Justice on the Brink
April 11, 2022 07:00 - 52 minutes - 48 MBMelissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in partnership with New York University’s John Brademas Center.
Light Conspiracy Theories
April 04, 2022 07:00 - 1 hour - 55.8 MBLeah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].
Backwards and in High Heels
March 28, 2022 07:00 - 1 hour - 75.9 MBLeah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning.
Go Down Clutching the Constitution
March 21, 2022 07:00 - 1 hour - 69.9 MBRebecca 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 ...
Living Textualism
March 14, 2022 07:00 - 46 minutes - 42.2 MBKate 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.
Canon Wars
March 07, 2022 08:00 - 1 hour - 82.1 MBRachel 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?
Indian Law Hall of Fame
March 03, 2022 08:00 - 53 minutes - 48.7 MBLeah 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?!?
KBJ, All the Way!
February 28, 2022 08:00 - 1 hour - 60.2 MBMelissa, 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.
I Don't Wanna
February 26, 2022 17:00 - 1 hour - 69.7 MBLeah 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).
We're Doing S'mores
February 21, 2022 10:00 - 54 minutes - 50.1 MBLeah, 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.
Speedy Sonia
February 16, 2022 10:00 - 43 minutes - 39.9 MBLeah'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.
Party Like It's 1935
February 14, 2022 10:00 - 52 minutes - 47.9 MBKate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.
Further Erosion
February 09, 2022 16:04 - 33 minutes - 30.6 MBDeuel 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.
Supreme Ambition
February 07, 2022 10:00 - 56 minutes - 51.9 MBMelissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.
Mensch On The Bench
January 31, 2022 10:00 - 1 hour - 69.8 MBKate, 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.
Comeback Kid
January 27, 2022 21:59 - 35 minutes - 32.6 MBOur boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors.
Putting the Tea in Totenberg
January 24, 2022 10:00 - 58 minutes - 53.6 MBNina 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.
BONUS: Strict Scrutiny x Why Is This Happening?
January 19, 2022 15:53 - 1 hour - 56.8 MBThe 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 po...
Hot Potato
January 17, 2022 10:00 - 54 minutes - 49.8 MBPayvand 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.
Putting the F in FDR
January 14, 2022 19:38 - 42 minutes - 39.2 MBMelissa, 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.
Justice for Snowflake
January 10, 2022 10:00 - 56 minutes - 52 MBLeah, 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.
No Laws, Just Vibes
January 08, 2022 02:57 - 1 hour - 67.8 MBKate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19.
Laboratories of Autocracy
January 03, 2022 10:00 - 31 minutes - 28.9 MBMelissa, 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.
The People's Constitution
December 27, 2021 10:00 - 43 minutes - 39.4 MBLeah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.
Our Favorite Things, 2021
December 20, 2021 10:00 - 43 minutes - 40 MBLeah, Melissa, and Kate round out 2021 with a discussion of their favorite things. To wear Wool leg warmers from Lunya Washable silk pajamas from Lunya True Botanicals Kari Gran mini kit The Lady Doth Etsy shop Taylor Swift merch To read My Monticello, by Jocelyn Nicole Johnson The Silence of the Girls, by Pat Barker The Women of Troy, by Pat Barker The 1619 Project Born on the Water, Nikole Hannah-Jones and Renee Watson How to be Successful Without Hurting Men’s Feelings...
The Marshmallow Experiment
December 13, 2021 10:00 - 1 hour - 81.1 MBWe recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year! Resources: Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life." Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion" We rely on listeners to keep the show funded! You can become a Glo...
A Uterus, If You Can Keep It
December 10, 2021 21:11 - 41 minutes - 37.8 MBCommander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!)