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
Josh Hawley's Tears
June 19, 2020 01:37 - 36 minutes - 33.2 MBLeah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today!
Carpool Dad
June 18, 2020 09:00 - 48 minutes - 44.4 MBMelissa and Leah are joined by Elie Mystal, justice correspondent for The Nation, to discuss why the Supreme Court doesn't get the media coverage it deserves.
Turd In The Punch Bowl
June 15, 2020 20:57 - 20 minutes - 18.5 MBLeah, Melissa, and Kate offer a quick recap and analysis of the 6-3 opinion in Bostock v. Clayton County that came out this morning, ruling that LGBTQ are afforded workplace protections under Title VII.
Blood-Stained Bunny Costume
June 15, 2020 09:00 - 53 minutes - 49.1 MBBecause constitutional law makes everything more fun, Leah and Melissa decided to spot constitutional law issues in Netflix’s quarantine hit, Joe Exotic. They are joined by Delci Winders, Assistant Clinical Professor & Director of Animal Rights Clinic, Lewis & Clark Law School, who shares some of the important animal rights and animal welfare issues the show left out. This one goes out to you, Carole Baskin!
Made Up Immunities
June 08, 2020 09:00 - 1 hour - 60.7 MBKate and Jaime discuss contributors to injustice--doctrines that encourage (or at least immunize) racial profiling and police misconduct-- with Fred Smith Jr, associate professor at Emory University School of Law. They also discuss some recent court news and recap a few opinions.
June First
June 01, 2020 09:00 - 1 minute - 1.38 MBWe chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter
What's The Mouse Going To Do?
May 25, 2020 09:00 - 51 minutes - 47.2 MBKate and Leah recap the other big argument from the May sitting they didn’t get a chance to last time -- the faithless (or is it Hamiltonian? Or defecting? Or mavericky?) electors cases. They also discuss some findings about the Court’s telephonic arguments and the BIG (aka not so big) opinions the Court has recently released.
Earth to Nancy
May 18, 2020 09:00 - 1 hour - 75.6 MBLeah and Kate break down the major arguments in the presidential immunity and subpoena cases as well as the major (?) social media and supporter updates for the podcast! They also discuss McGirt v. Oklahoma and the ministerial exemption cases. And enforcing the Voting Rights Act too (of course).
Flushgate
May 11, 2020 09:00 - 1 hour - 68.9 MBIn this jam-packed episode, Jaime and Melissa recap the Supreme Court’s first-ever telephonic arguments, delve into how three men advocated for or against contraceptive coverage for women, preview next week’s high-profile arguments, and recap some recent opinions. Whoa, it’s exhausting even just typing that.
Happy Hour!
May 05, 2020 13:15 - 1 minute - 1.24 MBWe'll be hosting a happy hour to thank our glow subscribers!
Stay Frustrated
May 04, 2020 09:00 - 1 hour - 57.4 MBKate and Melissa are joined by special guest Emily Bazelon to talk about her New York Times Magazine article, “How Will Trump’s Supreme Court Remake America?” Plus, we've got opinions that offer some hints to what future cases might me on the justices' minds.
Pit of Piranhas
April 30, 2020 09:00 - 44 minutes - 41.1 MBIn this episode, Melissa talks shop with Jess Bravin, who covers the Court for the Wall Street Journal.
Workplace Misconduct And The Federal Courts
April 27, 2020 09:00 - 1 hour - 56.8 MBLeah and Jaime are joined by Deeva Shah (from Law Clerks for Workplace Accountability) and Sejal Singh and Emma Janger (from People’s Parity Project) for a discussion about workplace misconduct and the federal courts.
Podapalooza Live Event
April 24, 2020 10:00 - 1 minute - 1.39 MBWe'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET!
Podapalooza Teaser
April 22, 2020 10:00 - 1 minute - 1.24 MBThis is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org
Stop Trying To Make Democracy Happen
April 20, 2020 09:00 - 52 minutes - 48 MBOn this special episode, prepared for PODAPALOOZA, Leah, Melissa, Jaime, and Kate discuss some COVID-related Court issues. That includes the Court’s upcoming telephonic arguments; its order in the Wisconsin election case; and some other COVID-related cases that might make their way to the Court soon.
BONUS: Supreme Inequality with Adam Cohen
April 13, 2020 09:00 - 51 minutes - 47.3 MBBack in February, when crowds were still a thing, Melissa interviewed Adam Cohen about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America. Adam examines the conservative tilt of the Supreme Court since the Nixon administration and forward through the last 50 years. The Supreme Court after Justice Earl Warren no longer protected the rights of the poor, the disadvantaged, equally and instead moved forward to deprioritize such issues as school des...
Build A Bridge
April 06, 2020 09:00 - 1 hour - 60.3 MBA special opinions episode! The Supreme Court has issued a lot of opinions recently, and we wanted to get you caught up on some of them.
Throwing Elbows
March 30, 2020 09:00 - 1 hour - 68.4 MBLeah and Jaime recap other arguments from the February sitting that was a lifetime ago! They cover Sineneng-Smith v. United States, DHS v. Thuraissigiam, and of course a case argued by that guy Paul -- Seila Law v. CFPB.
We See You, Steve
March 23, 2020 09:00 - 1 hour - 56.3 MBJust what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be.
The Ghost of Phyllis Schlafly
March 02, 2020 10:00 - 1 hour - 72.3 MBKate and Melissa join forces with Lauren Moxley, creator of The Ginsburg Tapes, for an exploration of the Equal Rights Amendment.
No Jonathans Or Pauls
February 24, 2020 11:00 - 1 hour - 64.1 MBBoston University School of Law put together an amazing live show! Leah, Melissa, and Jaime are joined by two fabulous BU law professors, Sarah Sherman-Stokes and Danielle Citron (MacArthur genius and Strict Scrutiny ninja). The group proclaims victory for gender parity and previews two cases (US v. Sineneng-Smith and Seila v. CFPB) before discussing Danielle's work on deep fakes and taking a question from the wonderful audience. This event was recorded live at WBUR CitySpace in Boston. Than...
BONUS: Jaime Santos on Our Curious Amalgam
February 17, 2020 10:00 - 32 minutes - 30.2 MBJaime Santos joins John Roberti and Christima Ma from Our Curious Amalgam to talk antitrust and the Supreme Court!
Cassandra Moment
January 27, 2020 10:00 - 1 hour - 55 MBWhile Kate and Jaime recover from the live show, Leah and Melissa bring some exciting impeachment updates … including the Chief Justice caught on camera in Strict Scrutiny SWAG (?!?). They also recap two of the January arguments, Espinoza v. Montana Department of Revenue and Shular v. United States, and offer some “I told you so” s about the Court’s recent cert grants.
Standing Cheese
January 20, 2020 10:00 - 1 hour - 59.9 MBIn the very first live show, Strict Scrutiny goes blue at the University of Michigan in Ann Arbor! The full crew recaps two arguments from the January sitting (Kelly v. United States and Thole v. US Bank) and notes some uncomfortable interactions inside and outside of One First Street. They also discuss upcoming student conventions for the American Constitution Society and People’s Parity Project after Leah and Melissa explain to Kate and Jaime what GTL means. Thanks to our hosts, the ACS ...
Criminally Petty
January 13, 2020 10:00 - 1 hour - 56.4 MBKate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild.
BONUS: Kate Shaw on Why is This Happening? with Chris Hayes
December 23, 2019 10:00 - 50 minutes - 46.3 MBIt's a mash-up! Kate Shaw joins Why Is This Happening? with Chris Hayes to talk all things impeachment.
Not Afraid of Garland
December 16, 2019 10:00 - 1 hour - 62.5 MBMelissa and Jaime deck the halls with argument recaps, cert grants, and opinions-- plus some speculation about upcoming wardrobe choices for Chief Justice Roberts.
Here Come the Generals
December 11, 2019 10:00 - 1 hour - 55 MBJaime, Kate, and Melissa break down the DACA argument and speak with Luis Cortes, who worked on the DACA case and is a DACA recipient himself. They also talk about their favorite Thanksgiving sides and desserts.
Moot and Rally
December 02, 2019 10:00 - 1 hour - 67.2 MBLeah and Kate discuss a case that isn’t even a real case involving a real law, as well as the very real and very important Affordable Care Act case on the Court’s December calendar. They also recap some Federalist Society Gala happenings and developments in the cases involving subpoenas for the President’s financial records.
Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center)
November 27, 2019 11:00 - 1 hour - 60.1 MBIn this special bonus episode, Melissa and Kate are joined by co-editor Reva Siegel to discuss their book "Reproductive Rights & Justice Stories," in a conversation moderated by Rebecca Traister and hosted by the Brennan Center for Justice at NYU School of Law.
This is Kansas
November 18, 2019 10:00 - 1 hour - 56.2 MBLeah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity.
BONUS: Melissa Murray on ACLU's "At Liberty"
November 11, 2019 10:00 - 37 minutes - 34.5 MBThe 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. Melissa Murray — an expert in family law, constitutional law, and reproductive rights and justice at the New York University School of Law — discusses why the institution looms so large in America's past and present. This episode was recorded live at the Brook...
Where My Girls At?
November 04, 2019 10:00 - 1 hour - 67.1 MBOn this episode, Kate and Melissa talk breaking SCOTUS news; preview three cases from the upcoming November sitting -- DACA, Hernandez v. Mesa, and Comcast; and go deep on amicus invitations and (lack of) diversity in the Supreme Court bar.
Repeat Players
October 28, 2019 09:00 - 1 hour - 70.4 MBLeah and Jaime recap some of the Supreme Court’s October cases, including Ramos v. Louisiana, Mathena v. Malvo, and Aurelius Investment v. Puerto Rico. Then they pretend the Supreme Court had no additional cert grants before leaving listeners with a deep thought … slash question.
Rick Perry and the German Policeman
October 21, 2019 09:00 - 1 hour - 64.1 MBOn this special Title VII episode, Leah, Jaime, and Kate are joined by a special guest – Jay Austin, Senior Associate Dean of Enrollment and Financial Aid at Rutgers Law School. Together they recap the Title VII arguments (which means a lot of bathroom talk).
Calm Before the Storm
October 07, 2019 09:20 - 1 hour - 64.8 MBOn this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)
Calm before the storm
October 07, 2019 09:20 - 1 hour - 65.1 MBOn this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)
Eat Your Spinach
September 30, 2019 09:00 - 1 hour - 63.9 MBAfter a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves.
Pineapple & Rage
September 04, 2019 09:00 - 1 hour - 76.5 MBIn our final summer episode, it’s a reproductive rights and justice block party (or wake, depending on your perspective). Leah, Melissa, and Kate discuss the reproductive rights and justice cases that made their way to the Supreme Court, the cases that almost made their way to the Court, and the cases that might make their way to the Court soon. They also point out how many of the Court’s cases have implications for reproductive justice before walking through some recent reproductive justice...
Leg Day
July 22, 2019 09:00 - 1 hour - 68.4 MBIn the second summer episode, Leah, Melissa and Jaime keep things light with a discussion of the Court's death penalty docket, the Armed Career Criminal Act cases from this past term, and Justice Kavanaugh's opinion in Flowers v. Mississippi. Kate also joins them to reflect on her time clerking for Justice John Paul Stevens. Last episode was our testing pancake, and this one is B-A-N-A-N-A-S.
Sipping My Tea
July 01, 2019 09:00 - 1 hour - 75.4 MBIn the inaugural episode of Strict Scrutiny, Leah, Melissa, Jaime, and Kate recap two of this term's biggest opinions--partisan gerrymandering and the census. They also walk through a theme of this term (stare decisis) before talking about the podcast's role in Supreme Court legal culture. It's Strict Scrutiny's test pancake, so enjoy the show!
Is This Thing On?
June 19, 2019 03:18 - 1 minute - 1.48 MBStrict Scrutiny 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, resp...