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
Spaceships and Serial Killers
March 29, 2021 09:00 - 1 hour - 65.3 MBMelissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March sitting.
Dear Steve
March 22, 2021 09:00 - 53 minutes - 48.9 MBMelissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more!
Amend: The Fight for America
March 15, 2021 09:00 - 49 minutes - 44.9 MBMelissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries.
Get to the Punchline
March 08, 2021 10:00 - 58 minutes - 53.3 MBLeah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course.
Toddler Logic
March 01, 2021 10:00 - 59 minutes - 54.3 MBLeah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court’s docket.
Wilding Out
February 22, 2021 10:00 - 53 minutes - 49.1 MBMelissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.
Dude Process
February 15, 2021 11:00 - 53 minutes - 48.7 MBKate and Leah do a “snap” episode on the most recent impeachment proceedings.
Gold Highways
February 08, 2021 10:00 - 53 minutes - 48.7 MBLeah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “Digging A Hole,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission.
Dirty Damages
February 01, 2021 10:00 - 55 minutes - 50.4 MBLeah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in!
My Name Is Pauli Murray
January 25, 2021 10:00 - 53 minutes - 48.7 MBLeah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray. The film premieres at the Sundance Film Festival this week.
Rinse & Repeat
January 20, 2021 18:49 - 1 hour - 56 MBLeah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “The Power of Attorney” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.
The Meme Lives
January 11, 2021 10:00 - 1 hour - 58.4 MBLeah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment.
No Coup For You
December 28, 2020 10:00 - 1 hour - 72.7 MBIn this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!
Our Favorite Things
December 23, 2020 17:08 - 20 minutes - 18.9 MBMelissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year.
When Reality Is Surreal
December 21, 2020 10:00 - 43 minutes - 39.5 MBLeah and Melissa are joined by Alexandra Petri, author of Nothing Is Wrong And Here Is Why, and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal.
Normal Scrutiny
December 14, 2020 10:00 - 1 hour - 61.5 MBLeah and Melissa are joined by the first repeat guest on Strict Scrutiny, Elie Mystal, to discuss his recent column about Democratic leadership on the Senate Judiciary Committee. They also provide some dramatic readings and reenactments of some of the hearings and filings from the (poorly run) coup attempt.
Big Whiteboard Energy
December 07, 2020 10:00 - 1 hour - 62 MBIt’s the episode you’ve been waiting for – our breakdown of Justice Alito’s keynote speech at the Federalist Society convention. And as our guest, we have the Senator living rent free in Justice Alito’s head – Senator Sheldon Whitehouse of Rhode Island, who gets his own Strict Scrutiny nickname in this episode!
Call For Filings!
December 06, 2020 13:30 - 49 seconds - 786 KBSend us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading!
Unfeathered Discretion
November 30, 2020 10:00 - 1 hour - 55.9 MBLeah and Melissa preview the first week of the December sitting and recap a lot of Supreme Court and Supreme Court adjacent news about turkeys, COVID, and more.
Cute as a Button
November 23, 2020 10:00 - 1 hour - 63.5 MBLeah and Melissa and Kate are joined by Meera Deo, Professor of Law at Thomas Jefferson School of Law, William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation, and author of Unequal Profession: Race and Gender in Legal Academia (Stanford U Press 2019).
Vice Signaling
November 16, 2020 10:00 - 1 hour - 66 MBLeah and Kate are joined by Marin Levy to recap the Affordable Care Act argument and … wonder about the role of lawyers in contributing to the demise of democracy.
Unlawful Generally
November 09, 2020 10:00 - 57 minutes - 52.6 MBKate and Leah break down the first week of arguments from the November sitting, as well as some developments on the Court’s shadow docket.
Yes, Virginia
November 02, 2020 10:00 - 59 minutes - 54.5 MBLeah, Melissa, and Kate take a virtual road trip to UVA Law to dish on the upcoming November sitting with the hosts of the Common Law podcast, Dean Risa Goluboff and Professor Leslie Kendrick.
Hot Mess
October 28, 2020 00:47 - 37 minutes - 34.2 MBLeah, Melissa, and Kate, discuss some recent activity on the Court’s “shadow docket” related to the election. Oh, and the fact that we have a new Supreme Court Justice.
We The Women
October 26, 2020 09:00 - 1 hour - 62.5 MBKate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment.
Big Dog Energy
October 19, 2020 09:00 - 1 hour - 55.1 MBLeah, Melissa, and Kate discuss some of the highlights of the October sitting, as well as the conclusion of the Barrett confirmation hearings.
Not A Mystery
October 15, 2020 23:30 - 40 minutes - 37.4 MBLeah and Kate recap the first three days of the confirmation hearings so you don’t have to actually listen to them.
The Red Death
October 12, 2020 09:00 - 1 hour - 62.9 MBLeah and Melissa recap the first week of the October sitting, as well as all of the beginning of term developments on the Court’s docket, orders list, and so much more.
Fire Season
October 05, 2020 09:00 - 1 hour - 59.1 MBLeah, Melissa, and Kate bring their A+ Zoom game to NYU School of Law for a live-ish preview of the upcoming SCOTUS term.
The Women Tell All
September 28, 2020 09:00 - 52 minutes - 48 MBLeah, Melissa, and Kate discuss the President’s nominee to replace Justice Ruth Bader Ginsburg, Judge Amy Coney Barrett, and the expedited process underway to confirm her.
In Memoriam
September 21, 2020 09:00 - 56 minutes - 51.7 MBLeah, Melissa, Kate are joined by Anne Joseph O’Connell, Adelbert H. Sweet Professor of Law at Stanford Law School and former clerk to Justice Ruth Bader Ginsburg.
I Want More
September 14, 2020 09:00 - 59 minutes - 54.7 MBLeah and Melissa interview Renee Knake Jefferson and Hannah Brenner Johnson about their book Shortlisted: Women In The Shadows Of The Supreme Court.
Courts of the Conqueror
September 07, 2020 09:00 - 51 minutes - 47 MBLeah is joined by Liz Reese, a Bigelow Fellow at the University of Chicago Law School, for a deep dive on the Court’s blockbuster Indian law case, McGirt v. Oklahoma, authored by the most interesting man in federal Indian law, Neil Gorsuch.
What Would Chief Justice Roberts Do?
August 31, 2020 10:00 - 1 hour - 55.3 MBLeah, Kate, and Melissa are joined by Dale Ho, director of the Voting Rights Project at the ACLU and low-key star of The Fight.
Join Your Conflagrations
August 26, 2020 22:46 - 1 hour - 55.3 MBLeah, Kate, and Melissa are joined by Josie Duffy Rice, the President of The Appeal, to discuss the partnership with The Appeal. They also discuss breaking news, some criminal justice issues on the Court’s docket last term and this upcoming term, before closing with some recent advances on #brorights.
RERELEASE: Bonus Pod- Melissa Murray on ACLU's "At Liberty"!
August 24, 2020 10:00 - 37 minutes - 34.5 MBMelissa joins the ACLU's Emerson Sykes for an episode of their podcast, At Liberty. The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving.
The Civility Alarm
August 17, 2020 09:00 - 51 minutes - 47 MBLeah is joined by Amir Ali and Devi Rao from the Supreme Court & Appellate Program of the MacArthur Justice Center and Tiffany Wright of Orrick to discuss (the lack of) diversity in the appellate bar and its consequences. They also discuss two new organizations, The Appellate Project and Law Clerks for Diversity, that are trying to increase diversity in the appellate bar.
Magical Moment
August 10, 2020 09:00 - 58 minutes - 53.6 MBLeah and Kate are joined by Sherrilyn Ifill, President and Director-Counsel of NAACP LDF. They further break down the “shadow docket” cases from last term, highlight an underappreciated theme of the last term, and identify some things to watch in the next few months.
Five-Dimensional Chess
August 03, 2020 09:00 - 1 hour - 58.9 MBMelissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts.
"Three Generations of Imbeciles"
July 27, 2020 09:00 - 1 hour - 55.7 MBMelissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.
How To Train Your Killer Whale
July 20, 2020 09:00 - 1 hour - 70.1 MBLeah Melissa, Jaime, and Kate recap the last term -- high points (flushgate), low points (you’ve heard some of these before), and everything in between. They also discuss the psychology behind how to train our country’s new median #SCOTUS killer whale, John Roberts. Oh, and there are LOTS of announcements and breaking news on this episode too.
Diploma Privilege
July 13, 2020 23:57 - 38 minutes - 35 MBLeah is joined by Dr. Pilar Escontrias, one of the founders of United for Diploma Privilege. United for Diploma Privilege is seeking to address the calamity of bar examinations (and admissions) in the midst of the coronavirus pandemic. Listen, learn, and take action!
The Bigotry of Low Expectations
July 13, 2020 00:56 - 58 minutesLeah, Melissa, and Kate recap the presidential immunity cases and the ministerial exception case. They also do a deep dive into the Chief meting out punishments for hiccups during the May sitting. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Well Played, Sirs
July 08, 2020 18:27 - 31 minutes - 28.5 MB*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead!
Trollito
July 06, 2020 09:00 - 1 hour - 66.8 MBLeah and Kate discuss four big Supreme Court cases that came down last week (June Medical with special guest Julie Rikelman, Seila Law, Espinoza, and Alliance for an Open Society). Somehow, in three of those cases, Chief Justice Roberts defied his liberal instincts and voted to join 5-4 opinions with his fellow conservatives. They also discuss some recent news and rumors involving the Court and give Justice Alito a new nickname.
Save Your Yarn
June 30, 2020 02:44 - 24 minutes - 22.5 MB*airhorn* The Supreme Court released the opinion in June Medical Services v. Russo-- this term's big abortion case. Leah, Melissa, and Kate discuss.
Thanks For The Footnote
June 29, 2020 09:00 - 57 minutes - 52.4 MBLeah, Melissa, and Kate are joined by Anil Kalhan to break down the Supreme Court’s important immigration habeas case, Department of Homeland Security v. Thuraissigiam, as well as some DOJ developments. Check out our new anniversary merch on our website!
PODIVERSARY GIVEAWAY
June 24, 2020 10:00 - 2 minutes - 2.05 MBA giveaway to mark our one year podiversary!
Second Glow HH!
June 23, 2020 15:32 - 1 minute - 1.49 MBA giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters!
2020 Bingo Card
June 22, 2020 10:00 - 1 hour - 68.8 MBLeah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision).