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.
Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath.
Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.
Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It.
This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.
In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings.
To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country.
Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law School. So who better to help analyze the intersection between reality TV and the law?
In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund.
Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred.
Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights.
Kate 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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