Strict Scrutiny

Crooked Media

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.

  • 1 hour 18 minutes
    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.

    22 April 2024, 7:00 am
  • 1 hour 6 minutes
    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 previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit.

    15 April 2024, 7:00 am
  • 1 hour 4 minutes
    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 conservative effort to control the courts: judicial gerrymandering.

    8 April 2024, 7:00 am
  • 1 hour 16 minutes
    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 Strict Scrutiny Live HERE, or head to crooked.com/events for more info.

    • ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued

     

    1 April 2024, 11:16 am
  • 17 minutes 24 seconds
    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.

    26 March 2024, 11:00 pm
  • 1 hour 22 minutes
    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.

    25 March 2024, 7:00 am
  • 1 hour 18 minutes
    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.

    18 March 2024, 7:00 am
  • 55 minutes 40 seconds
    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. Plus, for a special court culture segment, Leah talks with Barb McQuade about her book, Attack from Within: How Disinformation Is Sabotaging America.

    11 March 2024, 7:00 am
  • 48 minutes 34 seconds
    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 (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).

    5 March 2024, 12:46 am
  • 1 hour 25 minutes
    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 content moderation is censorship and therefore violates the First Amendment. 

    4 March 2024, 8:00 am
  • 1 hour 29 minutes
    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, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.

    26 February 2024, 8:00 am
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