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Strict Scrutiny

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
    The Malicious Incompetence of Trump's DOJ

    Kate and Leah cover this week’s three Supreme Court opinions—one featuring a killer Ketanji Brown Jackson dissent—before turning to legal news, where bad behavior is everywhere. We’ve got a violent judge who can’t park in Idaho, politically motivated prosecutors in Chicago, and Trump’s generationally incompetent personal lawyers failing to do basic lawyering. Finally, Leah speaks with Mary Moriarty, Hennepin County (MN) Attorney, about the charges her office has filed against ICE agents, the breakdown in cooperation between local authorities and the feds, and FAFO, the new coalition of prosecutors fighting back against federal overreach. The paperback edition of Leah’s book, Lawless, featuring brand-new material is out on Tuesday, June 16. Buy it here!

    Favorite things:

    • Leah: The Supreme Court Doesn’t Own the Constitution, Jamelle Bouie (NYT); Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week, Chris Geidner (Law Dork)
    • Kate: The Hill, Harriet Clark

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Follow us on Instagram, Threads, and Bluesky

    15 June 2026, 7:00 am
  • 1 hour 24 minutes
    Affirmative Action for Mediocre Men

    Leah and Melissa break down what may be a new low for the Court: granting Alabama’s request to reinstate racially discriminatory voting maps. Then, they turn to the big questions: how dead is Trump’s slush fund for insurrectionists? Just how awful are Acting AG Todd Blanche and Acting DNI Bill Pulte? Will Michigan’s Democratic senators stand up to Trump’s appalling nominee for a seat on the U.S. District Court for the Eastern District of Michigan? They also cover three SCOTUS opinions from last week before Melissa speaks with Yale Law Professor Judith Resnik about her recent book, Impermissible Punishments: How Prison Became a Problem for Democracy.

    Favorite things:

    • Leah: Maria Collett’s speech to the PA Senate on LA v. Callais; Autocratic Judging, Rebecca L. Brown and Lee Epstein (UCLA Law Review); AOC for President, Megan Wachspress (Liberal Currents); A Shocking Betrayal of Black Americans, Mara Gay (NYT)
    • Melissa: Imar Lyman at the Kreeger Museum in DC

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City
      Learn more: http://crooked.com/events

    Preorder Lawless in paperback (out June 16)

    Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Follow us on Instagram, Threads, and Bluesky

    8 June 2026, 7:00 am
  • 1 hour 37 minutes
    Ballrooms, ‘Bama and (Very) Bad Behavior

    Leah, Kate, and Melissa recap another busy week in legal news, covering the continued fallout from the Voting Rights Act case, Louisiana v. Callais, the ongoing saga of the DOJ’s insurrectionist slush fund, wild twists with the Broadview Six, more ballroom drama, the curious case of the Georgia judge who had loud sex in her chambers and then lied about it, and more. They also cover SCOTUS opinions involving compassionate release for prisoners and compelled arbitration before Leah speaks with University of Michigan law professor Barbara McQuade about her book, The Fix: Saving America from the Corruption of a Mob-Style Government.

    Favorite things:

    • Kate: Trump's Illegal $250 Bill: A Micro-History of Autocracy, Ruth Ben-Ghiat (Lucid); How Callais broke the Voting Rights Act and weaponized the equal protection clause, Issa Kohler-Hausmann & Kevin Z. Yang (SCOTUSblog); Beg For Me (JADE Remix), Lilly Allen; Harmeet Dhillon Is Not Wasting Any Time, Quinta Jurecic (The Atlantic); Brown’s Advancing Impact on Maternal and Reproductive Health Lab
    • Leah: Ronny Chieng’s Harvard speech; Hit the Wall, Gracie Abrams; Midnight Sun, Zara Larsson
    • Melissa: Strangers, Belle Burden; her event at Politics and Prose at The Wharf on 6/3/26; Liar's Kingdom: How to Stop Trump's Deceit and Save America, Andrew Weissmann

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    1 June 2026, 7:00 am
  • 1 hour 34 minutes
    Trump's Heartbreaking Work of Staggering Grift

    Kate, Melissa, and Leah try to wrap their heads around Trump’s nearly $2 billion DOJ slush fund, which they agree may be—despite extremely stiff competition—the biggest act of trolling and self-dealing of his second term. The professors count the ways this is so, so illegal, and speculate on how it can be challenged (looking at you, Congress). They also cover other legal news and some SCOTUS opinions before speaking with Dorothy Roberts about her book, The Mixed Marriage Project: A Memoir of Love, Race, and Family. Enter Leah’s merch giveaway for the paperback edition of Lawless here!

    Favorite things:

    • Kate: Nikolas Bowie’s testimony before the House Judiciary Committee
    • Leah: It’s Not That Deep, Demi Lovato
    • Melissa: Kin, Tayari Jones

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    25 May 2026, 9:00 am
  • 1 hour 44 minutes
    How SCOTUS is Waging Electoral Warfare

    Kate and Leah break down the Supreme Court’s extension of a stay allowing for continued mail-order access to mifepristone, from the Court’s unconscionable failure to meet its own arbitrary deadline to the unhinged dissents from Justices Thomas and Alito. They also cover last week’s other legal news before speaking with Ari Berman, national voting rights correspondent for Mother Jones, about the devastating fallout from the Court’s ruling in the Voting Rights Act case, Louisiana v. Callais. Finally, Melissa speaks with Kenji Yoshino and David Glasgow about their book, How Equality Wins: A New Vision for an Inclusive America.

    Favorite things:

    • Kate: Kavanaugh Hegseth Patel Bar Cold Open (SNL); The Shadow Docket (Last Week Tonight with John Oliver); This Is Getting Dangerous, Jamelle Bouie (NYT); Lawyering Without Law (The Knight First Amendment Institute); Give Us the Ballot: The Modern Struggle for Voting Rights in America, Ari Berman
    • Leah: Rock Music (Charli xcx); Sam Alito’s typos
    • Ari: Blame John Roberts for Destroying the Voting Rights Act (Mother Jones); Race and Reunion: The Civil War in American Memory and Frederick Douglass: Prophet of Freedom, David Blight; Reconstruction: America's Unfinished Revolution, 1863-1877, Eric Foner


    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Buy Melissa’s bestselling book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    18 May 2026, 7:30 am
  • 1 hour 42 minutes
    The Constitution (Melissa's Version)

    Kate & Leah talk to Melissa about her new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, or, as we like to call it at Strict HQ, The Constitution (Melissa’s Version). Then all three unravel what happened with the Virginia Supreme Court invalidating voter-approved redistricting maps, along with other voting-related shenanigans in the wake of Callais. Finally, they talk with Nancy Northup, president and CEO of the Center for Reproductive Rights, about why and how anti-abortion forces are once again targeting mifepristone.
    Favorite things:

    • Kate: Yesteryear by Caro Claire Burke; NYC Mayor Mamdani skipping the Met Gala to hang out with fashion industry workers; Chris Hayes’ interview with Molly Crabapple on Why Is This Happening?; the Artemis II crew answering kids’ questions on The Daily
    • Leah: Middle of Nowhere, Kacey Musgraves; Dancing on the Wall, MUNA; “Who Will Stand Up to the Supreme Court Justices?” By Niko Bowie and Daphna Renan; “John Roberts Believes in an America That Doesn’t Exist,” by Jamelle Bouie
    • Melissa: Amy Sherald’s Met Gala look

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    11 May 2026, 7:05 am
  • 1 hour 31 minutes
    Supreme Court Declares Racism Over

    The 5th Circuit gave us a doozy late on Friday night by tightening access to the abortion drug mifepristone—Leah and Melissa break it down. Then, the full crew dives deeper into the Court’s catastrophic Voting Rights Act decision in Louisiana v. Callais (for their initial reaction, check out last week’s emergency episode). Next, they recap the troubling oral arguments in Mullin v. Doe, the case about Temporary Protected Status, in which Trump’s Solicitor General tried to argue that the President’s extremely racist statements about migrants from certain countries weren’t, in fact, racist at all. Also covered: Trump’s ballroom, arguments in an important Fourth Amendment case, and how some savvy federal judges are turning the administration’s favorite legal concept—the unitary executive theory—against it. 

    Favorite things:

    • Kate: The Loneliness of Sonia and Sunny, Kiran Desai; Transcription, Ben Lerner
    • Leah: Ariana Grande’s new album announcement; Noah Kahan on tour; SCOTUS Drops The Other Shoe on the Voting Rights Act, Sherrilyn Ifill (Sherrilyn’s Newsletter); The Slaying of the Voting Rights Act by the Coward Samuel Alito, Rick Hasen (Slate); The Supreme Court is Corrupt. This is What We Can Do About It, Jamelle Bouie 
    • Melissa: Yesteryear, Caro Claire Burke; Voters Can Be Disenfranchised Now, Adam Serwer (The Atlantic); Legal Defense Fund


    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Order Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    4 May 2026, 7:05 am
  • 40 minutes 36 seconds
    BREAKING: SCOTUS Deals Another Blow to Multiracial Democracy

    Kate and Leah are joined by Democracy Docket’s Marc Elias to break down the Supreme Court’s shameful assault on multiracial democracy in its ruling on the Voting Rights Act case, Louisiana v. Callais.

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    29 April 2026, 9:13 pm
  • 1 hour 36 minutes
    How Low Can the DOJ Go?

    From the DOJ’s targeting of the Southern Poverty Law Center for its anti-KKK work to Kash Patel’s outrageous lawsuit against The Atlantic for its reporting on his unfitness for office to the Fifth Circuit’s legal contortions allowing Texas to mandate the Ten Commandments be displayed in classrooms, it’s been a wild week in the law. Kate and Leah unpack it all before recapping the week’s oral arguments, which featured the welcome return of former Solicitor General Elizabeth Prelogar to One First Street’s hallowed halls. For the second part of the show, Kate and Leah speak with University of Pennsylvania law professor Shaun Ossei-Owusu about his new book, Law on Trial: An Unlikely Insider Reckons with Our Legal System.

    Favorite things:

    • Kate: Sexistential, Robyn; USAID Whistleblower Says It Was Even Worse Than People Knew, Vittoria Elliott (Wired); Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; Enrich’s interview on Pod Save the World; Melissa on the Work Friends podcast
    • Leah: The Great Divide, Noah Kahan; Kahan’s Tiny Desk Concert; It Is Time for Ruthless Aggression, Jonathan V. Last (The Bulwark); The Gerrymandering Fight Should Be A Dress Rehearsal For Court Packing, Brian Beutler (Off Message); Sanewashing the Emergency Docket, Steve Vladeck (One First); The SPLC indictment, the Klan history behind it, and the ignominy of Todd Blanche, Chris Geidner (Law Dork); LEGO Kash Patel videos


    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    27 April 2026, 7:05 am
  • 1 hour 37 minutes
    SCOTUS Squabbles Go Public

    Melissa, Kate, and Leah break down an absolute boatload of beefs: Trump vs. Pope Leo, Sonia Sotomayor vs. Coach Brett Kavanaugh, Clarence Thomas vs. progressives, and Ketanji Brown Jackson vs. the shadow docket, before covering some of the week’s other legal news, including the Harvard Crimson’s reporting on conservative judges’ ideological litmus tests for clerkships. Then, they break down the Court’s opinion in Chevron v. Plaquemines Parish, Louisiana, before previewing some upcoming oral arguments at One First Street, including the “crimmigration” case, Blanche v. Lau.

    Favorite things:

    • Leah: RFK Jr. and the raccoon penis; Her talk with Steve Vladeck in DC on her upcoming paper, The Passive Vices, on Monday, April 20 at 12:45pm - RSVP here.
    • Melissa: Lady Tremaine, Rachel Hochhauser; Lily Allen’s West End Girl tour; Rumours, Fleetwood Mac 
    • Kate: What I Want, MUNA; Playground, Richard Powers; Labor Dept. Investigates Texts Among Secretary’s Family and Staff, Rebecca Davis O’Brien (NYT) 

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    • 6/20/26 – New York City

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky

    20 April 2026, 7:00 am
  • 1 hour 18 minutes
    War Crimes, Christian Nationalism, and the 25th Amendment

    Even though the Supreme Court took a break from hearing oral arguments, there was still plenty of legal news breaking every day. Katie Phang joins Leah to recap that news, including Trump's threats against Iran, the overt Christian nationalist rhetoric coming from the Secretary of Defense, and a disturbing case that SCOTUS decided not to hear. Then, Emily Amick, joins Leah to talk all things 25th Amendment-- where it came from, why we probably won't see it invoked here and now, and why we should keep talking about it anyways.

    Favorite things:

    • Leah: Democracy in Retrograde by Sami Sage and Emily Amick; “Drunks, Lampposts, and the Birthright Citizenship Case” by Steve Vladeck; Levain Bakery’s carrot cake cookie
    • Katie: her dog Lucky
    • Emily: Strangers by Belle Burden; Smitten Kitchen’s zucchini butter spaghetti; meet-ups with the EYP community 

    Get tickets for STRICT SCRUTINY LIVE in New York City on June 20th. Learn more at  http://crooked.com/events
    Vote for us in the Webbys!

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    Preorder a signed paperback of Leah’s book, Lawless, here.

    Follow us on Instagram, Threads, and Bluesky
    Join the Empire City Podcast Club from Crooked Ideas: https://crookedideas.org/empirecity/

    13 April 2026, 7:05 am
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