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Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.
Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.
Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.
Whether you’re a lawyer or law student, or you’re just here for the messy legal drama, Strict Scrutiny has you covered. New episodes out every Monday… plus bonuses whenever SCOTUS takes away another one of our rights.
325 Episodes
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2Leah, Melissa, and Kate wade through more election fallout, including President-elect Trump’s proposed use of recess appointments to jam his cabinet picks through. Also covered: this week’s SCOTUS arguments, the tryhards auditioning to be Trump Supreme Court nominees, and why everyone should shut up about Justice Sotomayor retiring.
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After processing the election and thinking through what it means for the future of the Supreme Court, Kate and Leah dig into a Voting Rights Act case newly added to SCOTUS’s docket. They also tackle this week’s cases on the False Claims Act, compensation for hospitals that treat low-income people, the Fair Labor Standards Act, and federal securities law.
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After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA).
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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 influenced the constitutional law we have today.
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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 the country.
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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.
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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 antitrust law can be a vehicle for progressive social change.Listen back to our 2023 interview with one of Richard Glossip's lawyers
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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.
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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.
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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 May Again Threaten It.
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This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. 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 anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.
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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 Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings.
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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.
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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 intersection between reality TV and the law?
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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.
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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.
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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.
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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.
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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's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually want: Jonathan Van Ness.
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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 from September 2023
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I honestly don't think it's possible that trump won the popular vote. I simply don't buy it. How is someone going to vote for trump and a Democratic governor on the same ballot? It's fishy.
"Unflagging fervor!" J. Raskin I love you
Largesse! hahaha one of my favorite words. I learned it from the Arabian Nights. But that was a far more benevolent association than it is here.
one resource that I would really like to see is, for even local judge races or non-partisan judge races, is a comprehensive website providing some guidance about judges who are running, in the absence of party affiliation info; be it past adjudication record, any endorsements, or really anything at all that can give us some indication that we're not electing a potential monster.
these project2025 episodes are the first ones that I had to listen to in chunks; the whole things all at once would have been a bit too much for me. Yikes
the only comfort I can take is in my fervent hope that somewhere there are some really wicked good lawyers working on a bulletproof, unassailable takedown for Comstock. Perhaps if we set up a parallel transport system that could not in any way be construed as "the mail."
I like this podcast, but the format of a sketch where, for instance, Jon Lovett has to pretend to be J.D Vance is confusing and made the podcast hard to follow. Just discuss the topic, please.
Just wanted to say how much I appreciate 'Strict Scrutiny'! The deep dives into Supreme Court cases and the insightful analysis are incredibly enlightening. The hosts do a fantastic job of breaking down complex legal issues and making them accessible to a broader audience. It's my go-to podcast for understanding the latest legal developments and their implications. Keep up the great work! https://podcasters.spotify.com/pod/show/matthew-armstrong41
Strict Scrutiny never fails to deliver insightful and deeply engaging discussions on the intricacies of the Supreme Court. The hosts' expertise and passion shine through every episode, making complex legal topics accessible and fascinating. https://hubhopper.com/episode/compostable-vs-biodegradable-whats-the-difference-for-bakeries-1721148056/32636364
I really appreciate the in-depth analysis and thoughtful discussion on recent Supreme Court decisions provided by the hosts. The breakdown of complex legal issues into understandable segments is incredibly valuable for listeners like me who are keen to grasp the nuances of constitutional law. https://docs.google.com/spreadsheets/d/1nMdooUZaLN2zrgjFCi_LkVnWcOIudq7ZYyy0OT7JaIk/edit?gid=0#gid=0
gym to g tx c v 36y
Play game like a king https://lotus365officials.in/blogs-lotus365-officials/
I get that most of us try to assume the best for some of these decisions, I struggle as well. but I think we really need to start adjusting our perceptions that this is a concerted effort to pave the way to an autocratic presidency.
Just turn the prisons into affordable housing...it's so simple...duh...
"Scandalito" I laughed out loud.
I'm curious why the fifth circuit is so constituted that there is only one federal judge. It seems an obviously suboptimal situation -- is there no way to change it? I had high hopes for the anti judge shopping rule change; should have known better I guess.
I am stricken anew with all of your skills as hosts and podcast personalities. You seem like such wonderful people to be around and converse with. Your comments are succinct, germane and witty. Thank you for making my Monday evenings so erudite and fun.
I love this podcast so much, but it also saddens and angers me like no other. I find myself knowing that I have to listen to better understand the machinations of our court system, but it can yield some brutal truths.
Maybe I just haven't kept up with trends, but when the fuck did horoscopes become popular again? When anybody mentions a "star sign," I have flashbacks to my grandmother reading the "Women's Pages" of the local newspaper in 1977.
what if the president is a woman, and gets an abortion? is she immune from prosecution?