What the SCOTUS leak could mean for abortion
Kate, 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
52m May 03, 2022
52m
The Inner Life of Coach Kavanaugh
Leah, 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 ...
1hr 10m May 02, 2022
1hr 10m
Coup, But Make It Look Legal
Kate'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. 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 o...
1hr 1m Apr 25, 2022
1hr 1m
The Non-Existent Establishment Clause
Leah, 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. Get tickets for STRICT SCRUTINY LIV...
58m Apr 18, 2022
58m
Justice on the Brink
Melissa 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.
49m Apr 11, 2022
49m
Light Conspiracy Theories
Leah 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]. 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, La...
57m Apr 04, 2022
57m
Backwards and in High Heels
Leah, 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. 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...
1hr 19m Mar 28, 2022
1hr 19m
Go Down Clutching the Constitution
Rebecca 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 wi...
1hr 14m Mar 21, 2022
1hr 14m
Living Textualism
Kate 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.
44m Mar 14, 2022
44m
Canon Wars
Rachel 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 Thoma...
1hr 29m Mar 07, 2022
1hr 29m
Indian Law Hall of Fame
Leah 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?!?
53m Mar 03, 2022
53m
KBJ, All the Way!
Melissa, 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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco 3/7/26 – Los An...
1hr 5m Feb 28, 2022
1hr 5m
I Don't Wanna
Leah 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). Get tickets for STRICT SCRUTINY LIVE – The Bad Decis...
1hr 16m Feb 26, 2022
1hr 16m
We're Doing S'mores
Leah, 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.
55m Feb 21, 2022
55m
Speedy Sonia
Leah'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. 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 Suprem...
44m Feb 16, 2022
44m
Party Like It's 1935
Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine. 
52m Feb 14, 2022
52m
Further Erosion
Deuel 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. 
33m Feb 09, 2022
33m
Supreme Ambition
Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.
57m Feb 07, 2022
57m
Mensch On The Bench
Kate, 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.
1hr 16m Jan 31, 2022
1hr 16m
Comeback Kid
Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors. 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 Conservative Grievance, Fringe Theories, and Bad Vibes (https://www.si...
36m Jan 27, 2022
36m
Putting the Tea in Totenberg
Nina 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.
59m Jan 24, 2022
59m
BONUS: Strict Scrutiny x Why Is This Happening?
The 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 WITHp...
1hr 2m Jan 19, 2022
1hr 2m
Hot Potato
Payvand 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.
54m Jan 17, 2022
54m
Putting the F in FDR
Melissa, 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. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco ...
43m Jan 14, 2022
43m
Justice for Snowflake
Leah, 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. 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 ...
57m Jan 10, 2022
57m
No Laws, Just Vibes
Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19. 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 Conserv...
1hr 14m Jan 08, 2022
1hr 14m
Laboratories of Autocracy
Melissa, 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. 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 Conser...
32m Jan 03, 2022
32m
The People's Constitution
Leah 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.
43m Dec 27, 2021
43m
Our Favorite Things, 2021
Leah, 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, Nikol...
44m Dec 20, 2021
44m
The Marshmallow Experiment
We 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 L...
1hr 28m Dec 13, 2021
1hr 28m
A Uterus, If You Can Keep It
Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!) 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 Conservative Grievance, Frin...
41m Dec 10, 2021
41m
Let's Be Legends
Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue. Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours. Resources: "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. N...
1hr 11m Dec 06, 2021
1hr 11m
Fourth Dimension Feminism
Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks. 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 Conservative Grievan...
1hr 8m Dec 02, 2021
1hr 8m
Sad Girl Autumn
It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases. 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.co...
54m Nov 29, 2021
54m
At Liberty: This Fall’s Fight Against Forced Pregnancy
In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well. The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. ...
40m Nov 22, 2021
40m
Self-Own Sam
Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more! 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 L...
1hr 12m Nov 15, 2021
1hr 12m
Have They Heard of Frat Houses?
Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California. 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 Co...
32m Nov 11, 2021
32m
Arbitration Rat
Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.) 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, Lawle...
1hr 9m Nov 08, 2021
1hr 9m
Foreign in a Domestic Sense
Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment? Get tickets for STRICT SCRUTINY LIVE – The Bad Deci...
29m Nov 05, 2021
29m
Some Geniuses
Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st. 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 Conservative Grievance, Fringe Theories, and Bad Vibes (https://www.simonandsc...
52m Nov 02, 2021
52m
That’s Just Like, Your Opinion, Man
Kate, Melissa, and Leah preview the whopper first week of the November sitting. They are joined by Joseph Blocher, Professor of Law at Duke Law, to discuss NYSRPA v. Bruen. 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...
1hr 8m Nov 01, 2021
1hr 8m
Fatally Unequal
Melissa talks with Carol Anderson about her book, The Second: Race and Guns in a Fatally Unequal America. This event originally aired as a program by the Commonwealth Club of California back in July, and we're excited to bring it to Strict Scrutiny listeners ahead of Supreme Court arguments in New York State Rifle & Pistol Association Inc. v. Bruen on November 3rd.
1hr 1m Oct 25, 2021
1hr 1m
Watch This Space
A quick breakdown on what the Court did and didn’t do today (Friday, October 22) in the cases against Texas's S.B. 8, which prohibits abortion 6 week's after the pregnant person's last period. 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 S...
15m Oct 22, 2021
15m
Per My Last Email
Kate, Melissa, and Leah recap the last week of the October sitting and some developments in the S.B. 8 litigation. 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 Conservative Grievance, Fringe Theories, and Bad Vibes (h...
1hr 7m Oct 18, 2021
1hr 7m
Latte Liberal
Melissa, Leah, and Kate recap the first week of the October sitting. 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 Conservative Grievance, Fringe Theories, and Bad Vibes (https://www.simonandschuster.com/books/Lawless/...
1hr 7m Oct 11, 2021
1hr 7m
Troll World Tour
Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech.
1hr 13m Oct 04, 2021
1hr 13m
Hashtag YOLO
Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court’s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court’s upcoming term. 
34m Sep 27, 2021
34m
Sounds Legit
Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts. 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 Co...
47m Sep 20, 2021
47m
Meager Sentences
Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Bot...
54m Sep 13, 2021
54m
Messing with Texas
Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y’all, they are messing with Texas! 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 C...
46m Sep 11, 2021
46m