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 22 minutes
    Time for Some Bad Decisions

    There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America.

    • New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term.
    • Order Undue Burden at Bookshop.org and get 10% off

    27 May 2024, 7:00 am
  • 1 hour 8 minutes
    The Alitos Let Their Freak Flag Fly

    Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas.

    We’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter:

    1. Subscribe to Strict Scrutiny’s Youtube channel
    2. Leave a comment on our most recent video episode with your favorite Strict Scrutiny moment.

    The giveaway starts TODAY and ends May 24 at 11:59pm PT. We’ll be picking a winner on/around 5/28 so be sure to keep an eye on your comment. For the full rules, check out the link here: https://crooked.com/strictgiveaway/

    20 May 2024, 7:00 am
  • 1 hour 7 minutes
    The Pick-Me Boys and Girls of the Federal Judiciary

    Victoria Wenger of NAACP-LDF joins Kate and Leah for an update on the four years of litigation trying to get fair voting maps for Louisiana residents. Then, a major update on a group of federal officials who plan to penalize a private institution for failing to censor certain speech-- you'll never guess who!

    13 May 2024, 7:00 am
  • 1 hour 10 minutes
    Asked and Answered: A Listener Mailbag Episode!

    Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener mailbag episode! What's the best way to fight against usage of the Comstock Act? Should liberals be using law suits to troll conservatives? Why don't the Democrat-appointed justices speak out about their colleagues' poor behavior? You asked, we answered!

    • Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets are on sale now. Learn more and get tickets at tribecafilm.com/strict

    6 May 2024, 7:00 am
  • 1 hour 23 minutes
    SCOTUS Seems to Normalize Authoritarianism

    Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak!

    In better news, Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets go on sale Tuesday, April 30th, at 11am ET. Learn more and get tickets at tribecafilm.com/strict

    29 April 2024, 7:00 am
  • 1 hour 18 minutes
    Will SCOTUS Let January 6 Defendants Off the Hook?

    Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care.

    22 April 2024, 7:00 am
  • 1 hour 6 minutes
    SCOTUS’s Final Sitting of the Term Is A Doozy

    In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit.

    15 April 2024, 7:00 am
  • 1 hour 4 minutes
    Florida Becomes a Battleground for Reproductive Rights

    Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering.

    8 April 2024, 7:00 am
  • 1 hour 16 minutes
    The Absurd Fiction of the Mifepristone Case

    Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.

    Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.

    • ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued

     

    1 April 2024, 11:16 am
  • 17 minutes 24 seconds
    The Supreme Court Abortion Pill Case

    Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court.

    26 March 2024, 11:00 pm
  • 1 hour 22 minutes
    Texas, Immigration, and Easily Avoidable Chaos

    Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials.

    25 March 2024, 7:00 am
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