First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes sports metaphors, Clarence Thomas concurs (shudder), and Sam Alito feels his feelings. Through it all, Ketanji Brown Jackson shows us what the court could–hopefully–one day be. 

Hosts’ favorite things:

• Leah: The release of Mahmoud Khalil
• Mike: Leah’s book, Lawless!

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• 10/4 – Chicago

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In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination under the Equal Protection Clause.

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• 10/4 – Chicago

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Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, deputy director for transgender justice and staff attorney with the ACLU. Finally, a bit of fun with a game about iconic breakups–political and otherwise. This episode was recorded live from Sony Hall in New York City. 

Hosts’ favorite things:
Kate: “How 2000s Culture Messed Us Up”, (The Culture Study Podcast); “Delay, Interfere, Undermine”, T. Christian Miller and Sebastian Rotella (ProPublica); Federalizing the California National Guard, Steve Vladek (One First)

Leah: This Is What Autocracy Looks Like, Michelle Goldberg (NYT); Argent, who dressed the hosts for the show

Melissa: What the Hell Is Posse Comitatus Anyway? Elie Mystal (The Nation); The Better Sister (Prime Video); Sarah Sclarandis’ shoes

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

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Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because...a Democrat won the supreme court race. Finally, they discuss Kate’s rockstar testimony in front of the U.S. Senate Committee on the Judiciary and some GOP senators’ fixation on this very podcast. 

Host favorite things:

• Kate: The scholarship of Stanford’s Mila Sohoni; Leah on the Daily Show
• Leah: The Rage of Innocence: How America Criminalizes Black Youth, Kristin Henning; Betty Who’s new music for Pride; Trump vs. Musk and this resulting hall of fame tweet
• Melissa: Leah and Troy Iwata on the Daily Show; The Cerebral, Bach-Loving Patrician Who Wrote Trump’s Playbook, Sam Tanenhaus (NYT); Buckley: The Life and the Revolution That Changed America, Sam Tanenhaus; John Proctor Is the Villain (Broadway); Atmosphere: A Love Story, Taylor Jenkins Reid

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone, to talk about the avalanche of litigation against the Trump administration and reproductive rights (and wrongs), respectively.

Hosts’ favorite things:

Leah: Taylor Swift's letter about buying back her art; Why Is This Supreme Court Handing Trump More and More Power?, Kate Shaw (NYT); Living by the Ipse Dixit, Steve Vladeck (One First); The New Dark Age, Adam Serwer (The Atlantic); Elon Musk’s Legacy Is Disease, Starvation and Death, Michelle Goldberg (NYT)

Kate: Beware: We Are Entering a New Phase of the Trump Era, M. Gessen (NYT), How YOU Helped Knock Musk Out of DC–& of Politics, Norm Eisen (Substack); On the Campaign Trail, Elon Musk Juggled Drugs and Family Drama, Kirsten Grind and Meghan Twohey (NYT); Cowboy Carter

Melissa: Her incredible shoes from the show; seeing Cowboy Carter; the newest season of Just Like That; Original Sin by Jake Tapper and Alex Thompson

Emily: Nine Perfect Strangers (Hulu); Everyone Is Lying to You by Jo Piazza

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause.

Hosts’ favorite things:

• Kate: Read Your Way Through New York City (NYT); Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; Cahokia Jazz, Francis Spufford
• Leah: Matt Kacsmaryk Shouldn't Be a Judge, Chris Geidner (Law Dork); Let Them Stare, Julie Murphy and Jonathan Van Ness; Kissing Girls on Shabbat, Sara Glass; The Duke of Shadows, Meredith Duran
• Melissa: The Four Seasons (Netflix); Matriarch, Tina Knowles

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case. 

Hosts’ favorite things:

• Kate: Second Life: Having a Child in the Digital Age, Amanda Hess; Harvard Paid $27 for a Copy of Magna Carta. Surprise! It’s an Original, Stephen Castle (NYT)
• Leah: My Friends, Fredrik Backman; Senator Sheldon Whitehouse on All Rise News; 
• Melissa: Weight Watchers Got One Thing Very Right, Jennifer Rubin (NYT); This Is Big: How the Founder of Weight Watchers Changed the World -- And Me, Marisa Meltzer; Forever (Netflix)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Reads, When We're in Charge: The Next Generation's Guide to Leadership.

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Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review.

Hosts’ favorite things:

• Kate: Sinners; Is It Happening Here? by Andrew Marantz (New Yorker)
• Leah: Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; The Tide is Turning, Dahlia Lithwick (Slate); Trump & Bukele’s Concentration Camp, Andrea Pitzer (NY Mag); Just Security Litigation Tracker
• Melissa: The Secret History of Home Economics: How Trailblazing Women Harnessed the Power of Home and Changed the Way We Live, Danielle Dreilinger; The Pauli Murray Center for History and Social Justice

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

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Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable, executive order targeting the Civil Rights Act. Plus, Emily Amick, of Emily In Your Phone, joins to discuss the rise of the creepy conservative push to get women to have more babies.

Hosts' Favorite Things:
Leah:

• SCOTUS conservatives seem eager to increase parents' religious rights in public schools by Chris Geidner
• How Sam Alito Inadvertently Revealed His Own Homophobia From the Bench by Mark Joseph Stern
• Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial by Ahilan Arulanantham
• REVEALED: Elon and Trump's Plans to Mint More Mothers by Emily Amick
• These Summer Storms by Sarah MacLean

Kate:

• The Trump Victim I Can’t Stop Thinking About by Michelle Goldberg
• We Visited Rumeysa Ozturk in Detention. What We Saw Was a Warning to Us All by Sen. Edward J. Markey, Rep. Jim McGovern, and Rep. Ayanna Pressley

Emily: 

• Now comes the ‘womanosphere’: the anti-feminist media telling women to be thin, fertile and Republican by Anna Silman
• Everyone is Lying to You by Jo Piazza
• The Testaments by Margaret Atwood
• The Witch Elm by Tana French

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they take a look at what’s in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.

Hosts’ favorite things:

• Melissa: White Potus (SNL); Good Dirt, Charmaine Wilkerson; Hacks (Max); Confessions of a Female Founder (with Reshma Saujani)
• Kate: So You Want to be a Dissident Julia Angwin & Ami Fields-Meyer (New Yorker); Who Is Government? The Untold Story of Public Service, Michael Lewis; Just Security (Substack); Judge Wilkinson’s opinion for the 4th circuit on the Abrego Garcia case; Catalina, Karla Cornejo Villavicencio
• Leah: Never Again Will I Visit Auschwitz: A Graphic Family Memoir of Trauma & Inheritance, Ari Richter; The Vibe Shifts Against The Right, Michelle Goldberg (NYT); Harvard’s new website
• Also mentioned this episode: The Supreme Court threatens to bring “Don’t Say Gay” to every classroom in America, Ian Millhiser (Vox); Five Questions About Domestic Use of the Military, Steve Vladek (One First)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 10/4 – Chicago

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

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky