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 16 minutes
    Trump’s Onslaught of Executive Orders

    Post-inauguration, the Trump administration is wasting no time issuing a flurry of heinous executive orders. Melissa, Kate, and Leah walk through them and then take a look at last week’s SCOTUS arguments. Finally, they answer some listener questions about the Court’s TikTok decision and share some rare but real good Supreme Court news. 

    Here’s the DEI explainer from the Meltzer Center on Diversity, Inclusion, and Belonging at NYU Law. 

    27 January 2025, 8:45 am
  • 1 hour 13 minutes
    SCOTUS's Porn Problem

    Leah, Melissa and Kate cover some breaking news, including Biden’s last-minute declaration that the Equal Rights Amendment is the law of the land. Then, it’s a rollicking ride through Free Speech Coalition v. Paxton, one of the more entertaining oral arguments of late. Come for the hosts’ sharp legal analysis, stay for Justice Alito’s questions about whether Pornhub features longform journalism. 
     

    20 January 2025, 8:45 am
  • 38 minutes 5 seconds
    SCOTUS Unanimously Upholds TikTok Ban

    In the first emergency episode of 2025, Kate, Leah and Melissa break down the Court’s unanimous decision to uphold the upcoming TikTok ban in the United States. They cover the implications and possible unintended consequences, and Leah bids farewell to her personal Chinese spy.

    17 January 2025, 7:11 pm
  • 1 hour 23 minutes
    Is TikTok’s Time Up?

    Leah, Melissa & Kate dive headfirst into an already busy 2025 by detailing the Republican attempt to steal a North Carolina Supreme Court seat, looking at the just-argued TikTok case,  parsing through Donald Trump’s various legal challenges, and more. Then, the hosts speak with Michelle Adams, professor of law at the University of Michigan about her book The Containment: Detroit, The Supreme Court, and the Battle for Racial Justice in the North.

    To support disaster relief efforts in Los Angeles, you can make a donation at votesaveamerica.com/relief

    13 January 2025, 8:45 am
  • 1 hour 1 minute
    The Promise and Perils of Presidential Power

    On the fourth anniversary of January 6th, Leah, Melissa & Kate dive deep on presidential power: how the presidency became what it is today, transitions of power, and how we’ve seen checks on the power of the president from unexpected quarters. Joining them are two experts: Lindsay Chervinsky, author of Making the Presidency: John Adams and the Precedents That Forged the Republic and Corey Brettschneider, author of The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.

    6 January 2025, 8:45 am
  • 1 hour 4 minutes
    Our Favorite Things, 2024

    In the spirit of the holidays, Leah, Kate & Melissa force themselves to say something nice about each Supreme Court Justice. Yes, all of them. Then they take a break from the tomfoolery at One First Street to share their favorite things. Whether you’re doing some very last-minute holiday shopping, looking to indulge yourself, or craving a good book or podcast, there are ideas for everyone. 

    Programming note: we’re taking a break next week, but will be back on January 6, 2025 with a very special–and timely–episode on the presidency.

    23 December 2024, 8:45 am
  • 1 hour 10 minutes
    Jingle Bells, the Fifth Circuit Is Hell

    Leah, Melissa, and Kate cover some breaking news before recapping last week’s SCOTUS arguments. They also touch on some lower-court opinions and court culture including the Fifth Circuit going buck wild (yet again), KBJ’s Broadway debut, Mitch McConnell’s never-ending hypocrisy, and TikTok’s fate in America.

    16 December 2024, 8:45 am
  • 1 hour 9 minutes
    Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)

    Kate, Melissa, and Leah break down United States v. Skrmetti, the Court’s big case on gender-affirming care for minors, with the ACLU’s Chase Strangio. Chase is one of the lawyers who argued the case–as well as the first known transgender lawyer to argue at the Supreme Court. The hosts then make a pit stop at the always-out-there Fifth Circuit before recapping the other cases the Court heard this week.

    9 December 2024, 8:45 am
  • 1 hour 6 minutes
    Gender-Affirming Care in the Court’s Crosshairs

    After touching on some shenanigans from the Federalist Society’s National Lawyers Convention and Chuck Schumer’s lousy deal on judicial appointments, Leah, Kate, and Melissa preview December’s upcoming Supreme Court cases. The Justices will hear arguments in cases about gender-affirming care for minors, the FDA’s denial of authorization to flavored e-cigarettes, and the National Environmental Policy Act. 

    2 December 2024, 8:45 am
  • 1 hour 19 minutes
    How Will Trump 2.0 Embolden SCOTUS to Gut the Law?

    Kate and Melissa comb through the latest from the incoming Trump administration, including the subbing in of Pam Bondi for Matt Gaetz for Attorney General. Then, they take a look at the areas of law that will be hit hardest during a second Trump term. Finally, all three hosts speak with Judge David Tatel, formerly of the DC Circuit, about his book, Vision: A Memoir of Blindness and Justice

    25 November 2024, 8:45 am
  • 1 hour 3 minutes
    Trump’s Parade of Clowns, Idiots, and Creeps

    Leah, Melissa, and Kate wade through more election fallout, including President-elect Trump’s proposed use of recess appointments to jam his cabinet picks through. Also covered: this week’s SCOTUS arguments, the tryhards auditioning to be Trump Supreme Court nominees, and why everyone should shut up about Justice Sotomayor retiring.  

    18 November 2024, 8:45 am
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