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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.
308 Episodes
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6Kate 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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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.
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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.
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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 air, and big pharma.
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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 word for that: jawboning.
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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 former Attorney General Eric Holder joined us to talk about the Court's decision in a case about domestic violence offenders obtaining guns, analyze possible paths for court reform, and lighten the mood with a game of This or That.
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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.Read Leah's NYT OpEd: "Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case"
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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 down opinions, perform dramatic readings of the secret Alito recordings, and imagine some end-of-year yearbook pages for the justices. Plus, New York Magazine's Irin Carmon joins to talk about the practical effects of the Supreme Court's ruling in the mifepristone case.To watch the full episode, complete with Martha-ritas and yearbook superlatives, head to our YouTube channel
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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.
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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 Misconduct" from November 2023
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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 channelLeave a COMMENT on our most recent video episode with YOUR favorite Strict Scrutiny moment. [LINK MONDAY’S YT VIDEO HERE]The giveaway starts TODAY and ends June 7th at 11:59pm PT. We’ll be picking a winner on/around June 10th so be sure to keep an eye on your comment. For the full rules, check out the link here: http://crooked.com/strictgiveawaydc
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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.
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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.New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term.Order Undue Burden at Bookshop.org and get 10% off
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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 on the Alitos' flagRevisit our episode recapping the oral arguments in the case challenging the CFPBWe’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter:Subscribe to Strict Scrutiny’s Youtube channelLeave a comment on our most recent video episode with your favorite Strict Scrutiny moment.The giveaway starts TODAY and ends May 24 at 11:59pm PT. We’ll be picking a winner on/around 5/28 so be sure to keep an eye on your comment. For the full rules, check out the link here: https://crooked.com/strictgiveaway/
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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, Leah's student who recently passed away, you can do so at www.ruckercollierfoundation.com
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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 answered!Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets are on sale now. Learn more and get tickets at tribecafilm.com/strict
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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 Tuesday, April 30th, at 11am ET. Learn more and get tickets at tribecafilm.com/strict
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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 ban"
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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?
I concur. This would be a poor time for Justice Sotomayer to retire. As you said, we can't be sure it would produce the desired result at all. Republicans are perverse & evil enough to gleefully re-use the same bogus argument about election years from before, just to see our heads explode. Also, I think if she retired, it would sort of give this vague impression of giving up in the face of adversity.
"Your Honor, emergency room physicians sometimes have to deal with patients who have gerbils stuck in their rectums.. I don't see why a mifepristone complication should be so traumatic."
I would really like to see someone revisit the fact that this law is entirely based on that which may be considered filthy, vile, immoral or indecent. (in the 1800s no less) I would like to see a serious attorney argue before the scotus, with a straight face, what specifically qualifies contraception as objectively immoral. Not sure it could be argued without resort to religion. In fact, I want an exact definition of immoral as well.
These people keep talking about "accepting the consequences" of having sex. For fifty years, we have mitigated the *potential* consequences of sex with birth control and the option of abortion. Pregnancy has not been an inevitable consequence of sex in all this time. Yet now we are supposed to suddenly accept it as a foregone conclusion, because they say so?
Do we have a specific legal definition of what exactly constitutes "immoral"? Is there any basis to argue that immorality is a highly subjective term subject to change? Abortion is mentioned in the bible only insofar as a dubious recipe for same is given. Islam and Judaism do not forbid it. I would be curious to know on what a claim of immorality is founded.
Thank you for going on the daily show. That's how I found This podcast
when will this new person get a name and a social security number? doesn't that happen at birth now? but if it should happen at conception, state laws will need to catch up including in Alabama right now. also, any man who does not stick around for a pregnancy should be charged with abandonment of a child, and any man or a spouse who abuses a pregnant woman should be charged with child endangerment and child abuse. and what about life insurance and health insurance for this person?
I just saw Kate and Melissa with Jon Stewart, a complete surprise as I didn't know beforehand. Such a delight to see you live (on youtube). It's a pity there was such a short time allotted; and Jon, I adore him, but he interrupts a lot haha oh well. Even just quick sound bites from you are edifying.
The 14th amendment, where it holds that insurrectionists are forbidden from holding offices, is a "machine level" prohibition -- it is so clearly self-executing, it was never meant to be argued over, or to require an act of Congress. It is unequivocal. For the same reason no one 25 yrs of age has attempted to run for President - you can't do it. It's prohibited. It shouldn't even be up to one lone state to remind everybody; you just can't do it, it's against the rules.
"it never rains in Southern California/seems I've often heard that kind of talk before/it never rains in California, but, girl, don't they warn ya/it pours, man it pours"