Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs ...
1hr 27m Oct 28, 2024
1hr 27m
SCOTUS’s Endless Beef with the EPA
Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around th...
1hr 4m Oct 21, 2024
1hr 4m
"Ghost Guns" are Guns (Duh)
After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tou...
47m Oct 14, 2024
47m
An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice
Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitru...
1hr 19m Oct 07, 2024
1hr 19m
Steel Yourself for a New SCOTUS Term
Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath. Get ticke...
1hr 9m Sep 30, 2024
1hr 9m
No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar
Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.
1hr 18m Sep 23, 2024
1hr 18m
The Battle for Native Rights & Comstock: The Zombie Law From Hell
Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and...
1hr 2m Sep 16, 2024
1hr 2m
Reform, Repression, & Reproductive Rights (Live from Texas!)
This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of “pro-life” laws. Finally, a look at SC...
58m Sep 09, 2024
58m
Shining a Light on State Supreme Court Races
In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Pro...
1hr 14m Sep 02, 2024
1hr 14m
Project 2025 (cont.): The Fascist Plan to Plunder the Government
To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country.
54m Aug 26, 2024
54m
Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks
Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law School. So who better to help analyze the intersect...
1hr 1m Aug 19, 2024
1hr 1m
State of the Uterus: Two Years After the End of Roe
In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund.
1hr 2m Aug 12, 2024
1hr 2m
Project 2025 (cont.): DEI for Men With Terrible Personalities
Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred. Get tickets for STRICT SCRUTIN...
1hr 27m Aug 05, 2024
1hr 27m
Project 2025: 900 Pages and 100% Deranged
Leah and Melissa introduce a new series on Project 2025–the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights.
1hr 19m Jul 29, 2024
1hr 19m
The Hubris and Hackery of Aileen Cannon
Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here.
1hr 13m Jul 22, 2024
1hr 13m
We Read Josh Hawley's Book So You Don't Have To
Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he said.
1hr 2m Jul 15, 2024
1hr 2m
A Terrible, Horrible, No Good, Very Bad Term
Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone? In case you want to hear our predictions for yourself, go back and listen to our term preview (https://...
1hr 15m Jul 08, 2024
1hr 15m
SCOTUS Hands Trump Presidential Immunity
It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government. Get tickets for STRIC...
46m Jul 01, 2024
46m
The Supreme Court Makes Its Biggest Power Grab in a Generation
Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least. Get tickets for...
1hr 6m Jun 29, 2024
1hr 6m
SCOTUS Dodges the Question of Emergency Abortions
After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean...
1hr 2m Jun 28, 2024
1hr 2m
SCOTUS Greenlights Government Corruption
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 upload button). Then they take a look at today’s two official opinions–is a $13,000 bribe equivalent to buying someone Chipotle? Coach Kavanaugh has thoughts. And did the government strong-arm social media companies into censoring content? There’s a ...
40m Jun 26, 2024
40m
A Very DC Saturday Night
As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a rowdy live show at the Howard Theatre in Washington, DC! It was  one for the books-- The Second Gentleman, Doug Emhoff, joined us to reflect on the second anniversary of Dobbs. Friend of the pod Commander Steve Vladeck filled in as guest host. And ...
1hr 39m Jun 24, 2024
1hr 39m
SCOTUS's Indefensible Delay in Trump's Immunity Case
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. Are these the cases everyone’s waiting for? Not quite, but they do involve repatriation taxes, malicious prosecution, federal rules of evidence, and retaliatory arrests.
33m Jun 20, 2024
33m
Mifepristone Stays on the Market (live from Tribeca!)
Live from New York, it's Strict Scrutiny! Elie Mystal joins Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break down opinions, perform dramatic readings of the secret Alito recordings, and dole out some end-of-year superlatives to the justices.
1hr 17m Jun 17, 2024
1hr 17m
The Textualist Case for Mass Shootings
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-automatic weapons to fire at machine gun-like rates. It's bad, people. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's boo...
42m Jun 14, 2024
42m
Texas Doubles Down on Life-Threatening Abortion Ban
Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. Plus, they recap recent opinions in cases about bankruptcy, tax law, and health care on Native American reservations. To hear more about the Zurawski case, including the stories of the women who testified, listen to our episode "A Code of Miscondu...
1hr 10m Jun 10, 2024
1hr 10m
Flags, Feuds, and Roberts' Rebuff
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 lucky listener the chance to win a pair of tickets to our SOLD OUT show in DC on June 22nd.Here’s how to enter: Subscribe to Strict Scrutiny’s Youtube channel Leave a COMMENT on our most recent video episode with YOUR favorite Strict Scrutiny moment...
1hr 11m Jun 03, 2024
1hr 11m
TRUMP FOUND GUILTY!
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 talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway.
51m May 31, 2024
51m
Time for Some Bad Decisions
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 worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America (https://bookshop.org/p/books/undue-burden-life-and-death-decisions-in-post-roe-america-shefa...
1hr 22m May 27, 2024
1hr 22m
The Alitos Let Their Freak Flag Fly
Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas. Read Jodi Kantor's reporting (https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html) on the Alitos' flag Revisit our episode recapping the oral arguments (https://crooked.com/podcast/not-especially-judic...
1hr 8m May 20, 2024
1hr 8m
The Pick-Me Boys and Girls of the Federal Judiciary
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. Then, a major update on a group of federal officials who plan to penalize a private institution for failing to censor certain speech-- you'll never guess who! If you would like to make a donation in honor of Brendan Jackson (https://www.instagra...
1hr 7m May 13, 2024
1hr 7m
Asked and Answered: A Listener Mailbag Episode!
Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener mailbag episode! What's the best way to fight against usage of the Comstock Act? Should liberals be using law suits to troll conservatives? Why don't the Democrat-appointed justices speak out about their colleagues' poor behavior? You asked, we an...
1hr 10m May 06, 2024
1hr 10m
SCOTUS Seems to Normalize Authoritarianism
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 former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak! In better news, Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets go on sale...
1hr 23m Apr 29, 2024
1hr 23m
Will SCOTUS Let January 6 Defendants Off the Hook?
Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care. Read Professor Caitlin Millat's op ed in the Los Angeles Times: "As a pregnant law professor in Arizona, I fear the abortion b...
1hr 18m Apr 22, 2024
1hr 18m
SCOTUS’s Final Sitting of the Term Is A Doozy
In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After pr...
1hr 6m Apr 15, 2024
1hr 6m
Florida Becomes a Battleground for Reproductive Rights
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 abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conse...
1hr 4m Apr 08, 2024
1hr 4m
The Absurd Fiction of the Mifepristone Case
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 abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX. Get your tickets to Stric...
1hr 16m Apr 01, 2024
1hr 16m
The Supreme Court Abortion Pill Case
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 the Supreme Court. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Cons...
17m Mar 26, 2024
17m
Texas, Immigration, and Easily Avoidable Chaos
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 on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials. Get your tickets to Strict Scrutiny Live HERE (https:...
1hr 22m Mar 25, 2024
1hr 22m
Welcome to Conservative Grievance Week
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions. Strict Scruti...
1hr 18m Mar 18, 2024
1hr 18m
The TLDR of Trump's Indictments
Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it.
56m Mar 11, 2024
56m
SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
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 (heinous) reasoning and what it means going forward.
49m Mar 05, 2024
49m
Content Moderation, Machine Guns, and Trump's Trial Calendar
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 co...
1hr 25m Mar 04, 2024
1hr 25m
The Alabama Supreme Court Embraces Fetal Personhood
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, and hear from Sherrilyn Ifill about her work on the 14th Amendment.
1hr 29m Feb 26, 2024
1hr 29m
The Good, The Bad, And The Ugly From State Courts
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 (https://harvardlawreview.org/print/vol-137/dobbs-and-democracy/) " Read Melissa's article from the Houston Law Review, ...
1hr 17m Feb 19, 2024
1hr 17m
SCOTUS Has Their Own Theories About Trump’s Eligibility
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. Get tickets ...
1hr 2m Feb 12, 2024
1hr 2m
Why Did Trump Get Denied Immunity?
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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los Angeles Learn more:...
32m Feb 07, 2024
32m
Does the Constitution Disqualify Trump from Presidency?
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 (https://law.ucla.edu/f...
53m Feb 05, 2024
53m
E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"
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 K...
51m Feb 02, 2024
51m
Who Has Final Authority At The Border?
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.
1hr 25m Jan 29, 2024
1hr 25m