Strict Scrutiny

SCOTUS Greenlights Government Corruption

26 Jun 2024

Contributed by Lukas

Leah, Melissa, and Kate weigh the implications of Bloomberg’s scoop on EMTALA (apparently someone at the court got a little trigger-happy with the u...

A Very DC Saturday Night

24 Jun 2024

Contributed by Lukas

As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a r...

SCOTUS's Indefensible Delay in Trump's Immunity Case

20 Jun 2024

Contributed by Lukas

The gang is back together! Ahead of the Strict Scrutiny live show on Saturday in DC, Kate, Melissa and Leah comb through four decisions from the Court...

Mifepristone Stays on the Market (live from Tribeca!)

17 Jun 2024

Contributed by Lukas

Live from New York, it's Strict Scrutiny! Elie Mystal guest hosts with Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break ...

The Textualist Case for Mass Shootings

14 Jun 2024

Contributed by Lukas

In an emergency episode, Leah and Melissa break down the Court's 6-3 decision to strike down a ban on bump stocks, attachments that allow semi-automat...

Texas Doubles Down on Life-Threatening Abortion Ban

10 Jun 2024

Contributed by Lukas

Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. P...

Flags, Feuds, and Roberts' Rebuff

03 Jun 2024

Contributed by Lukas

Melissa and Kate recap the Supreme Court's latest opinions and catch up on the latest drama from the Alitos' flag-flying fiasco.We’re giving one luc...

TRUMP FOUND GUILTY!

31 May 2024

Contributed by Lukas

A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America  to tal...

Time for Some Bad Decisions

27 May 2024

Contributed by Lukas

There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's wors...

The Alitos Let Their Freak Flag Fly

20 May 2024

Contributed by Lukas

Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymander...

The Pick-Me Boys and Girls of the Federal Judiciary

13 May 2024

Contributed by Lukas

Victoria Wenger of NAACP-LDF joins Kate and Leah for an update on the four years of litigation trying to get fair voting maps for Louisiana residents....

Asked and Answered: A Listener Mailbag Episode!

06 May 2024

Contributed by Lukas

Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener ...

SCOTUS Seems to Normalize Authoritarianism

29 Apr 2024

Contributed by Lukas

Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether...

Will SCOTUS Let January 6 Defendants Off the Hook?

22 Apr 2024

Contributed by Lukas

Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. T...

SCOTUS’s Final Sitting of the Term Is A Doozy

15 Apr 2024

Contributed by Lukas

In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can over...

Florida Becomes a Battleground for Reproductive Rights

08 Apr 2024

Contributed by Lukas

Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in ab...

The Absurd Fiction of the Mifepristone Case

01 Apr 2024

Contributed by Lukas

Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abort...

The Supreme Court Abortion Pill Case

26 Mar 2024

Contributed by Lukas

Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in t...

Texas, Immigration, and Easily Avoidable Chaos

25 Mar 2024

Contributed by Lukas

Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up o...

Welcome to Conservative Grievance Week

18 Mar 2024

Contributed by Lukas

The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… con...

The TLDR of Trump's Indictments

11 Mar 2024

Contributed by Lukas

Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentar...

SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)

05 Mar 2024

Contributed by Lukas

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 o...

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

04 Mar 2024

Contributed by Lukas

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...

The Alabama Supreme Court Embraces Fetal Personhood

26 Feb 2024

Contributed by Lukas

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 ...

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

19 Feb 2024

Contributed by Lukas

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 s...

SCOTUS Has Their Own Theories About Trump’s Eligibility

12 Feb 2024

Contributed by Lukas

The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the pres...

Why Did Trump Get Denied Immunity?

07 Feb 2024

Contributed by Lukas

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, M...

Does the Constitution Disqualify Trump from Presidency?

05 Feb 2024

Contributed by Lukas

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 ...

E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"

02 Feb 2024

Contributed by Lukas

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 ...

Who Has Final Authority At The Border?

29 Jan 2024

Contributed by Lukas

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 ...

AITA? SCOTUS Edition

22 Jan 2024

Contributed by Lukas

Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authori...

The Legality of Presidents Doing Whatever They Want

15 Jan 2024

Contributed by Lukas

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...

Trump's Eligibility, Cash for Clarence, and a Meditation for 2024

08 Jan 2024

Contributed by Lukas

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 ...

New Year, Same Court

01 Jan 2024

Contributed by Lukas

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.Lis...

Behind the Scenes of Overturning Roe v. Wade

18 Dec 2023

Contributed by Lukas

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 Lip...

Fake Cases, Fake Facts, Real Implications

11 Dec 2023

Contributed by Lukas

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 famil...

Taking a Hatchet to Government Agencies

04 Dec 2023

Contributed by Lukas

Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome Oona Hathaway and Sam ...

A Deregulatory Sh*t Show Waiting to Happen

27 Nov 2023

Contributed by Lukas

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, wel...

A Code of Misconduct

20 Nov 2023

Contributed by Lukas

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, an...

The Supreme Court's Second Amendment Mess

13 Nov 2023

Contributed by Lukas

Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks...

Doing Government on Twitter

06 Nov 2023

Contributed by Lukas

Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media platforms. D...

Trump's Legal Defense is Dumb AF

30 Oct 2023

Contributed by Lukas

Leah, Melissa, and Kate get up to date on the various cases against former President Trump and analyze the arguments being brought in his defense. Plu...

Texas is a Magic 8 Ball for the Country

23 Oct 2023

Contributed by Lukas

ProPublica's Andrea Bernstein joins Kate and Leah to talk about the new investigative podcast, "We Don't Talk About Leonard." Then, Melissa, Kate, and...

Big BROTUS Energy

16 Oct 2023

Contributed by Lukas

Melissa, Kate, and Leah recap the oral arguments the Supreme Court heard last week, including a big one about voting rights and redistricting (Alexand...

Not Especially Judicious

09 Oct 2023

Contributed by Lukas

Kate, Melissa, and Leah recap oral arguments in the cases the Supreme Court heard last week, including Acheson Hotels v. Laufer (a case about civil ri...

What Fresh Hell Will This Supreme Court Term Bring?

02 Oct 2023

Contributed by Lukas

It's the start of a new Supreme Court term... and the start of Strict Scrutiny's fifth season! While the cases ahead may seem technical and boring, th...

Will the Government (as we know it) Still Be Constitutional?

25 Sep 2023

Contributed by Lukas

Do you feel that chill in the air? It’s almost the first Monday of October and that means a new SCOTUS term! You may still be recovering from the la...

Lights, Camera, SCOTUS!

18 Sep 2023

Contributed by Lukas

On September 22, Showtime and Paramount+ will release the first episode of Deadlocked: How America Shaped the Supreme Court. And if you tune in, you m...

KBJ's Rookie Year

11 Sep 2023

Contributed by Lukas

Being a Supreme Court podcast means we spend much of the year in dystopia. So just this once, let's look at the silver lining that is Justice Ketanji ...

After Affirmative Action

04 Sep 2023

Contributed by Lukas

Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to catch up on the fallout of the Supreme Court's affirmative action dec...

Can These Courts Be Reformed?

28 Aug 2023

Contributed by Lukas

Melissa, Leah, and Kate invite two guests to zoom out and analyze how the current Supreme Court got to be the way that it is... and what progressives ...

The Aesthetic Enjoyment of Other People’s Uteruses

21 Aug 2023

Contributed by Lukas

Easha Anand of Stanford's Supreme Court Litigation Clinic joins Kate, Melissa, and Leah to lay out what SCOTUS has been up to in the world of criminal...

The Rise and Fall of the Voting Rights Act

14 Aug 2023

Contributed by Lukas

It's been 10 years since the Supreme Court started to dismantle the Voting Rights Act in Shelby County v. Holder. Ari Berman, author of Give Us the Ba...

The Dobbs Decision Hasn't Aged Well

07 Aug 2023

Contributed by Lukas

It's been over a year since the Supreme Court overturned the constitutional right to an abortion in Dobbs v. Jackson Women's Health Organization. The ...

Trump Indicted Again Again

02 Aug 2023

Contributed by Lukas

Former President Donald Trump has been indicted for a third time-- this time in a Washington, DC, case about attempts to overturn the 2020 election. K...

America's First Civil Rights Movement

31 Jul 2023

Contributed by Lukas

First things first, Melissa and Leah break down Sam Alito's latest airing of grievances in the Wall Street Journal. Then, Kate joins them for a lesson...

BONUS: #WITHpod & Strict Scrutiny Crossover

26 Jul 2023

Contributed by Lukas

Leah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term. It's our second annual...

Shining Light on the Shadow Docket

24 Jul 2023

Contributed by Lukas

Leah, Kate, and Melissa talk to Steve Vladeck about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Und...

Clarence Thomas's America

17 Jul 2023

Contributed by Lukas

Joel Anderson, host of Slow Burn: Becoming Justice Thomas, joins Melissa and Kate to analyze the justice's trajectory from his childhood in Georgia to...

How the Federalist Society Took Over

10 Jul 2023

Contributed by Lukas

We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author...

What else can the Supreme Court get away with?

03 Jul 2023

Contributed by Lukas

Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? i...

Student Debt Relief Bad, Bigotry Good

30 Jun 2023

Contributed by Lukas

The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the forme...

The End of Affirmative Action

29 Jun 2023

Contributed by Lukas

Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions ...

Is ISL dead? IDK.

27 Jun 2023

Contributed by Lukas

The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can’t actually make up whatever rules they want ...

A Fear of Too Much Justice

26 Jun 2023

Contributed by Lukas

Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Al...

BONUS: This Land on the Indian Child Welfare Act

24 Jun 2023

Contributed by Lukas

Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast...

Good News for the Indian Child Welfare Act

19 Jun 2023

Contributed by Lukas

The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a sur...

Trump Arraigned and Arrested (BONUS episode)

14 Jun 2023

Contributed by Lukas

Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tue...

A Win for Multiracial Democracy

12 Jun 2023

Contributed by Lukas

Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Dir...

"Not That Bad" is Still Bad!

05 Jun 2023

Contributed by Lukas

Melissa, Leah, and Kate talk to Jenny Hunter, a labor lawyer and union consultant, about the recent SCOTUS opinion in Glacier Northwest v. Teamsters w...

A Wrecking Ball to Environmental Law

29 May 2023

Contributed by Lukas

Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions o...

Anti-Abortion Litigation at Warp Speed

22 May 2023

Contributed by Lukas

Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't go...

You Can Crime If You Want To

15 May 2023

Contributed by Lukas

Melissa, Kate, and Leah cover the gift that keeps on giving-- a.k.a. billionaire Harlan Crow, who can't seem to stop giving undisclosed gifts to Justi...

Asked and Answered: A Listener Mailbag Episode!

08 May 2023

Contributed by Lukas

It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are...

Ethics, Shmethics

01 May 2023

Contributed by Lukas

The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court, joins Melissa, Kate, and Leah to...

What's next for mifepristone?

24 Apr 2023

Contributed by Lukas

Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has...

The Ultimate in Anti-Abortion Exceptionalism

17 Apr 2023

Contributed by Lukas

Kate and Leah talk to ProPublica's Justin Elliott about the latest findings in Clarence Thomas and Harlan Crow's friendship. First luxury vacations, t...

Mifepristone, Mega Yachts, and Maskgate

10 Apr 2023

Contributed by Lukas

Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA appro...

The Arrest is History

05 Apr 2023

Contributed by Lukas

It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah  and Kate  to talk about Donald Trump’s arraig...

The Supreme Importance of Wisconsin's Election

03 Apr 2023

Contributed by Lukas

Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On Apri...

Is It Infringement If It's Funny?

27 Mar 2023

Contributed by Lukas

Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law....

Fueling the Conservative Grievance Machine

20 Mar 2023

Contributed by Lukas

Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the const...

Shielded: How the Police Became Untouchable

13 Mar 2023

Contributed by Lukas

First things first: WE WON AN AMBIE!  Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with...

Ascertaining the Majorness of Student Debt Relief

06 Mar 2023

Contributed by Lukas

What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s ...

Not the Nine Greatest Experts on the Internet

27 Feb 2023

Contributed by Lukas

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the ...

Will the Supreme Court break the Internet?

20 Feb 2023

Contributed by Lukas

Danielle Citron, author of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age, joins Leah and Melissa to preview two  S...

The Originalist Case for Terrorizing Women

13 Feb 2023

Contributed by Lukas

Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of ...

The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage

06 Feb 2023

Contributed by Lukas

Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Centu...

Lady Justice: Women, the Law, and the Battle to Save America

30 Jan 2023

Contributed by Lukas

Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked w...

Cosplaying an Investigation

23 Jan 2023

Contributed by Lukas

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny's first live show of 2023! Penn Law Professor Jasmine E. Harris joined ...

Busting Unions and Dodging Opinions

16 Jan 2023

Contributed by Lukas

Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privi...

The Long Game to Weaken Workers' Rights

09 Jan 2023

Contributed by Lukas

Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service E...

Civil Rights Queen

26 Dec 2022

Contributed by Lukas

Tomiko Brown-Nagin joins Melissa and Kate to discuss her book Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. You may recogn...

All I Want For Christmas Is Democracy

19 Dec 2022

Contributed by Lukas

Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The ...

How the 303 Creative case threatens to roll back the 21st century

12 Dec 2022

Contributed by Lukas

The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want t...

Making Fraud Great Again

05 Dec 2022

Contributed by Lukas

Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas...

Turning Fan Fiction Into Reality

28 Nov 2022

Contributed by Lukas

Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected...

Justice Samuel A-leak-o?

21 Nov 2022

Contributed by Lukas

On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court cas...

The Uncertain Future of the Indian Child Welfare Act

14 Nov 2022

Contributed by Lukas

Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves aroun...

Affirmative Action Reaction

07 Nov 2022

Contributed by Lukas

Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week. Get tickets for STRICT SC...