Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle

Friend of the Pod Emily Amick of Emily in Your Phone joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit information on medical abortion options has disturbing links to the playbook used against gender-affirming care. Then, Leah speaks with Kalpana Kotagal, Commissioner at the Equal Employment Opportunity Commission, about being the lone Democratic appointee after Trump fired the others, and the work of the Commission in a post-independent agency world. Check out Emily’s Substack, Instagram, and her book, Democracy in Retrograde.

Favorite things:

• Leah:The Off Campus Series, Elle Kennedy; Game of Rogues, Julie Anne Long; Andrew Tate's Empire of Abuse, Heidi Blake (+ Blake’s interview with WITHpod); Autonomy News; this decision from the Hawaii Supreme Court; Subpoenas About Reporting on Qatar Gifted Air Force One Are Withdrawn After Argument in SDNY, Matthew Russell Lee (Inner City Press)
• Emily: Careless People, Sarah Wynn-Williams; The God of the Woods, Liz Moore; Ride or Die (Amazon Prime); Smitten Kitchen’s zucchini pasta
  
  

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]

Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s personal lawyer, you’re forever Trump’s personal lawyer. Then, a conversation about making the courts an electoral issue and why we need fresh candidates for judicial seats with Run for Something’s Amanda Litman. Finally, ahead of a crucial August 4th ballot measure in Kansas, Kate speaks with Micah Kubic, Executive Director of the ACLU of Kansas, and Emily Wales, President and CEO of Planned Parenthood Great Plains, about how Republicans in Kansas are trying to change how justices are selected for the state supreme court in order to walk back abortion rights. Check out Katie’s YouTube channel & Substack and pre-order Amanda Litman’s book, When We’re in Charge, in paperback.

Favorite things:

• Kate:Road trips, HUMBE

• Amanda:This Is the Plan: How to End America's Meltdown and Save Democracy, Ben Wikler; Ungodly Rich, Katharine McGee; Down to Earth, Julia Turshen

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]

Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, autocracy, and the rule of law. They discuss how the Supreme Court has been “captured,” the ways Donald Trump is attempting to remake Washington, D.C., in his image, and what Hungary can teach us about autocracy and how to recover from it.

Favorite things:

• Kate:Emil Bove Defended Trump in Court. Then Trump Made Him a Judge, Mattathias Schwartz (NYT); Mailman: My Wild Ride Delivering the Mail in Appalachia and Finally Finding Home, Stephen Starring Grant

• Kim:Regime Change: Inside the Imperial Presidency of Donald Trump, Maggie Haberman & Jonathan Swan; Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded USAID, Nicholas Enrich; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt; It Can't Happen Here, Sinclair Lewis; Borgen - Power & Glory (Netflix); Gok Wan's Easy Asian (Prime Video)

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]

Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here!

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com
Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]

In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR.

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected]

In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC.

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny, please email [email protected].

Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case, Wolford v. Lopez, which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides. They wrap up the show with some of the latest voting rights news.

Favorite things:

• Leah:Kate on Hasan Minhaj’s podcast; JD Vance’s Richard Nixon revival; SDNY on trans minors

• Kate:Judge Patrick J. Schiltz’s opinion quashing the subpoenas to state and local Minnesota officials

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

For a transcript of an episode of Strict Scrutiny please email [email protected].

In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.”

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani, which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City.

Favorite things:

• Leah:Barack Obama’s speech at the opening of his presidential center, 
• Kate:Michelle Obama’s speech; Obama and Mamdani Show How It’s Done, Jamelle Bouie (NYT) 
• Melissa: Becoming (Netflix); her award-winning audiobook
  
  

Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com

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

Buy Leah’s book, Lawless, now out in paperback

Follow us on Instagram, Threads, and Bluesky

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

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