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Hostility to Mercy

Hostility to Mercy

2022-08-0801:00:10

Leah talks with Lee Kovarsky of the Capital Punishment Center at the University of Texas about the Supreme Court's treatment of death penalty cases.  Before 2020, there hadn't been a federal execution since 2003. In the last six months of the Trump presidency, there were 13. Lee tells us how that came to be, and what the justices' writings signal for future death penalty cases.Read Lee's article, "The Trump Executions," in the University of Texas Law Review
It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.
Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story. Prager spent hours interviewing Norma McCorvey (aka Jane Roe), her daughters, and other key figures throughout the decades-long debate over abortion rights in America.
How Mitch Rigged the Courts

How Mitch Rigged the Courts

2022-07-1801:01:09

While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck* of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.*Brandon also wrote an article called "Movement Judges," which just came out in the NYU Law Review. Check it out for more on this subject!
It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to.  For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/
The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law [3:55], and the "praying coach" case, Kennedy v. Bremerton School District [34:22]. Then, a lighting round of four more opinions and other Court-related news [53:06]. You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe. 
Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency. Basically, it's bad! And not just because of the impending climate apocalypse!
The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs [5:32]. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment [1:05:28].Opinions discussed:Marietta Memorial Hospital v. Davita [20:23]A case about a Medicare statute and end-stage renal diseaseUS v. Taylor [25:24]A habeas with a positive outcome!Carson v. Makin [43:41]In which the Supreme Court embiggens free exercise rightsShoop v. Twyford [1:00:28]If you’re seeking relief, the answer is “no” & the only question is "why"Berger v. NC State Conference of NAACP [1:01:56]Involves a challenge to North Carolina's voter ID lawBecerra v. Empire Health [1:02:52]Related to Medicare reimbursement rates, with a really weird 5-4 line-upTwo more things:If you missed our episode "What's next in a post-Roe world," you should definitely go back and listen to get a sense of the fight ahead.You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
Roe is dead. Now what?

Roe is dead. Now what?

2022-06-2501:05:464

Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion. Melissa, Leah, and Kate recap the horrific opinion by Justice Alito and the somehow-worse concurrence by Justice Thomas, and also read some passages straight from the dissent.You’re angry. We’re angry. Let’s do something about it. From directly supporting patients who need abortions right now, to electing pro-choice candidates in 2022 and building a progressive majority over the long term, you can find everything you need to fight back in our Fuck Bans Action Plan hub at votesaveamerica.com/roe.
Today the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.
Reeking of Impropriety

Reeking of Impropriety

2022-06-2001:08:46

The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes, and then turn to our weekly "Ginni Tonic" segment, because there's always something new there.
It's a special Pride episode of Strict Scrutiny! Special guests Joshua Matz and Chase Strangio join Melissa, Kate, and Leah to highlight developments and ongoing litigation around LGBTQ rights.This year, Crooked Media’s Pride fund is supporting three incredible organizations that provide community building, gender affirming, and life saving resources to the queer and transgender community. Visit crooked.com/pridefund to donate and learn more.
The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down. Plus, they address the need for increased security for all federal judges, and offer a recipe for a new, refreshing cocktail to sip while you take in all the news.Recapped opinions include the bankruptcy case Siegel v. Fitzgerald [8:26], the Medicaid case Gallardo v. Marstiller [10:34], the pro-arbitration-plaintiff-win-after-a-kick-ass-argument-by-lady-lawyer case Southwest Airlines v. Saxon [21:07], and the Bivens case, Egbert v. Boule [26:19].
Allow Me To Retort

Allow Me To Retort

2022-06-0601:12:162

Melissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution.P.S. Melissa, Kate, and Leah will be on The Problem with Jon Stewart this Thursday, June 9th! Don't miss it.
Innocence Isn't Enough

Innocence Isn't Enough

2022-05-3001:13:131

Investigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez [3:30]. The Supreme Court released an opinion in the case last week, and it's bad. There is a miniscule moment of joy, though, in the recap of the opinion in Morgan v. Sundance, which is about arbitration and also Taco Bell [51:58]. Finally, we do a quick round-up of other court-adjacent news, including the fever dream that is Ginni Thomas's email signature, and theories as to why the Court is being so unusually quiet for this late in the term [59:28].
Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland, a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-related case the Court will hear next term, Jones v. Hendrix [47:23], and then try to bring their blood pressure down by catching up on various statements and speeches Justices Thomas and Alito have given recently [52:01].
Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And Greer Donley is an assistant professor at University of Pittsburgh Law, and one of the three authors of the extremely topical and important article, "The New Abortion Battleground," which is forthcoming in the Columbia Law Review. The paper is written together with Professor David Cohen at Drexel Kline School of Law and Professor Rachel Rebouche, Interim Dean of Temple University Beasley School of Law. The paper analyzes the inter-jurisdictional issues that will emerge if and when the Supreme Court overrules Roe [32:04]. We'll also catch up on some of the additional news and hot takes people have had since the leak happened [57:52].
Stay Mad Like Sam

Stay Mad Like Sam

2022-05-0901:15:191

Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30].Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe
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
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 in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44].
Comments (47)

Patrick Waickman

I am loving the show ever since discovering them from Jon Stewart. But please, for the love of God, make a single pop culture reference that isn't Harry Potter. Like, even once.

Jul 23rd
Reply

Newman

I'm learning so much from your podcast! I just heard about you guys in 2022 (Jon Stewart). It's funny to listen to how you guys read the tea leaves back in 2019. Glad you guys put this together and kept it going.

Jul 11th
Reply

John Reed

Pod save America = corporate dems willing to lie and cheat to devalue progressives.

Jul 11th
Reply

Marie Ferguson

hope y'all are now cashing big podcast checks because the number of annoying ads since crooked media has absorbed you is over the top

May 25th
Reply

John Reed

Jesus so many ads just gave up about 3/4 through.

May 24th
Reply (1)

Jeanne Blue

Timely, helpful, horrifying episode. ladies of SS, please let us know that Kate made it to Canada safely 😅😰😰

May 3rd
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Roland Riopelle

I am a practicing lawyer and I enjoy this podcast quite a bit. There are times when it gets too far into the details of particular laws or doctrines for me (the fine points of the Administrative Law Act, for example), because the issues are so far afield from my principle area of practice. But these women are smart law professors, so I don't expect to be able to follow them down every legal rabbit hole. They are bright and funny and very much to my political taste, so listening to this podcast is a little like eavesdropping on an interesting conversation at a hip coffee shop on a topic I know something but not everything about. Well worth a listen, IMHO.

Apr 26th
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John Reed

After all the lies about Bernie on Crooked Media's Pod Save America, I wouldn't be proud of being a part of crooked media.

Mar 7th
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John Reed

Oh crap your part of crooked media. Used to listen to pod save America and my strongest take away is all the lies about Bernie. Will say for now but when i feel the corporate dem influence will exit.

Jan 31st
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John Reed

I love this podcast for the critical honesty. So this one not so much. Good job getting his book sold before he did the right thing.

Jan 31st
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John Reed

Good job sucking up to Nina nonstop.

Jan 24th
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John Reed

Was excited to see a new episode and then it turned out to be about selling shit. Skipped most of this. This just diminishes the show.

Dec 20th
Reply

Michael Miller

You all seem to be 100% result oriented and almost disinterested in legal analysis.

Dec 11th
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keladeine

loud booming screaming voice on men = "aggressive, passionate, firm" aggressive voice on women = " talk nicer ladies, always make me feel comfy like you're my mommy" their voices are their voices. leave it alone and check the (sometimes internalized) misogyny.

Dec 3rd
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Lydia Nickerson

Well, that was...bracing? I still feel like screaming into the void, but now I can do it with more precision. Thank you.

Dec 2nd
Reply (2)

John Reed

Want to understand more but am having to go back and re-listen. Might help if you slow down your speaking.

Nov 5th
Reply (1)

Asha SG

i love this podcast! have listened to all episodes and some twice. thank you ladies

Sep 14th
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Marie Ferguson

Why is nobody making the comparison or moral equivalence between John Roberts and Roger Taney? "Women have no rights that white men are bound to respect " Not a huge leap there. If Roberts wants to maintain the appearance of court legitimacy, beating him with the Taney stick might carry some weight. In my mind it is also significant that for the first time we have a majority of justices who profess to be Catholics. A minority religious viewpoint imposed on a country and that country's women sounds too much like the Taliban for my comfort.

Sep 10th
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Michael Miller

Not exactly legal discussion. Hard pass.

Sep 4th
Reply

Richard Nixon

I WANT THE MUG. SERIOUSLY. HMU.

Jun 15th
Reply
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