Nach Genre filtern
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.
- 287 - 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.
Tue, 26 Mar 2024 - 17min - 286 - 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.
Mon, 25 Mar 2024 - 1h 22min - 285 - Welcome to Conservative Grievance Week
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions.
Mon, 18 Mar 2024 - 1h 18min - 284 - The TLDR of Trump's Indictments
Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it.
Mon, 11 Mar 2024 - 55min - 283 - SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (heinous) reasoning and what it means going forward.
Tue, 5 Mar 2024 - 48min - 282 - Content Moderation, Machine Guns, and Trump's Trial Calendar
Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment.
Mon, 4 Mar 2024 - 1h 25min - 281 - The Alabama Supreme Court Embraces Fetal Personhood
Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, and hear from Sherrilyn Ifill about her work on the 14th Amendment.
Mon, 26 Feb 2024 - 1h 29min - 280 - The Good, The Bad, And The Ugly From State Courts
Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.
Mon, 19 Feb 2024 - 1h 17min - 279 - SCOTUS Has Their Own Theories About Trump’s Eligibility
The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.
Mon, 12 Feb 2024 - 1h 02min - 278 - Why Did Trump Get Denied Immunity?
This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait.
Wed, 7 Feb 2024 - 31min - 277 - Does the Constitution Disqualify Trump from Presidency?
This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection.
Mon, 5 Feb 2024 - 53min - 276 - E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"
E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million.
Fri, 2 Feb 2024 - 50min - 275 - Who Has Final Authority At The Border?
Kate, Melissa, and Leah break down the legal fight in Texas at the U.S.-Mexico border, and the Supreme Court's take on it all. Plus, Melissa and Kate do a deep dive on another outlandish era in the Supreme Court's history with Cliff Sloan, author of The Court At War.
Mon, 29 Jan 2024 - 1h 25min - 274 - AITA? SCOTUS Edition
Last week, the Supreme Court heard oral arguments in a pair of cases that threaten to topple four decades of precedent about federal agencies' authority to interpret statutes.
Mon, 22 Jan 2024 - 1h 06min - 273 - The Legality of Presidents Doing Whatever They Want
Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking.
Mon, 15 Jan 2024 - 1h 07min - 272 - Trump's Eligibility, Cash for Clarence, and a Meditation for 2024Mon, 8 Jan 2024 - 1h 16min
- 271 - New Year, Same Court
To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of the Supreme Court.
Mon, 1 Jan 2024 - 1h 01min - 270 - Behind the Scenes of Overturning Roe v. Wade
Leah, Kate, and Melissa talk with Jodi Kantor about her New York Times reporting with Adam Liptak, about some of the drama that happened at the Supreme Court as the majority sought to overturn Roe. Plus, updates on grants, argument recaps from Wisconsin, and our annual edition of our favorite things!
Mon, 18 Dec 2023 - 1h 26min - 269 - Fake Cases, Fake Facts, Real Implications
Melissa, Kate, and Leah recap arguments in a big tax case, Moore v. United States, and a case involving Purdue Pharma and the Sackler family. Plus, we have a breaking update on an abortion-related case out of Texas.
Mon, 11 Dec 2023 - 1h 14min - 268 - Taking a Hatchet to Government Agencies
Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome two former clerks to Justice Sandra Day O'Connor to discuss her life and legacy.
Mon, 4 Dec 2023 - 1h 29min - 267 - A Deregulatory Sh*t Show Waiting to Happen
Kate, Melissa, and Leah preview the cases the Supreme Court will hear in December, and US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
Mon, 27 Nov 2023 - 1h 03min - 266 - A Code of Misconduct
Melissa, Leah, and Kate analyze the Supreme Court's newly released code of ethics, and assess the effects of abortion bans in Texas and Tennessee.
Mon, 20 Nov 2023 - 1h 18min - 265 - The Supreme Court's Second Amendment Mess
Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ.
Mon, 13 Nov 2023 - 1h 12min - 264 - Doing Government on Twitter
Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media.
Mon, 6 Nov 2023 - 1h 08min - 263 - Trump's Legal Defense is Dumb AF
Leah, Melissa, and Kate get up to date on the various cases pending against former President Trump. Plus, they preview the First Amendment cases coming before the Supreme Court this week.
Mon, 30 Oct 2023 - 1h 07min - 262 - Texas is a Magic 8 Ball for the Country
ProPublica's Andrea Bernstein joins Kate and Leah to talk about the new investigative podcast, "We Don't Talk About Leonard." Then, Melissa, Kate, and Leah are live from the University of Texas to talk about all the special things the state brings to the federal judiciary.
Mon, 23 Oct 2023 - 1h 13min - 261 - Big BROTUS Energy
Melissa, Kate, and Leah recap the oral arguments the Supreme Court heard last week, including a big one about voting rights and redistricting (Alexander v. South Carolina State Conference of the NAACP).
Mon, 16 Oct 2023 - 1h 08min - 260 - Not Especially JudiciousMon, 9 Oct 2023 - 1h 21min
- 259 - What Fresh Hell Will This Supreme Court Term Bring?
It's the start of a new Supreme Court term... and the start of Strict Scrutiny's fifth season! While the cases ahead may seem technical and boring, they're actually quite significant. Melissa, Kate, and Leah preview the first oral arguments the Court will hear in October Term 2023.
Mon, 2 Oct 2023 - 56min - 258 - Will the Government (as we know it) Still Be Constitutional?
Do you feel that chill in the air? It’s almost the first Monday of October and that means a new SCOTUS term! You may still be recovering from the last one (don’t worry, we are too) but Melissa, Kate and Leah talk about some themes that we can expect this term like the crazy cases coming out of the Fifth Circuit and whether government (as we know it) is constitutional. They also go through the justices’ latest questionable, and in some cases egregious (Justice Thomas, we’re looking at you) ethical lapses. So pour yourself a Ginni Tonic or Hot Ginni Toddy now that it’s fall, and settle in for this week’s live show from the Texas Tribune Festival.
Mon, 25 Sep 2023 - 52min - 257 - Lights, Camera, SCOTUS!
On September 22, Showtime and Paramount+ will release the first episode of Deadlocked: How America Shaped the Supreme Court. And if you tune in, you might recognize a few faces and voices. Documentarian Dawn Porter joins Kate, Melissa, and Leah to talk about how the series came to be, and what she learned about the Supreme Court's evolution in the process.
Mon, 18 Sep 2023 - 56min - 256 - KBJ's Rookie Year
Being a Supreme Court podcast means we spend much of the year in dystopia. So just this once, let's look at the silver lining that is Justice Ketanji Brown Jackson. Amir Ali, executive director of the MacArthur Justice Center, joins Melissa, Kate, and Leah to look back on Justice Jackson's first year on the Supreme Court.
Mon, 11 Sep 2023 - 1h 05min - 255 - After Affirmative Action
Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to catch up on the fallout of the Supreme Court's affirmative action decision in June. Then, Melissa talks with Justice Goodwin Liu of Supreme Court of California and Mary Hoopes of Pepperdine's Caruso School of Law about their research on diversity in hiring clerks.
Mon, 4 Sep 2023 - 46min - 254 - Can These Courts Be Reformed?
Melissa, Leah, and Kate invite two guests to zoom out and analyze how the current Supreme Court got to be the way that it is... and what progressives are doing to push back.
Mon, 28 Aug 2023 - 1h 14min - 253 - The Aesthetic Enjoyment of Other People’s Uteruses
Easha Anand of Stanford's Supreme Court Litigation Clinic joins Kate, Melissa, and Leah to lay out what SCOTUS has been up to in the world of criminal law. But first, Kate and Leah analyze the Fifth Circuit's opinion in the mifepristone case, and what it means for people seeking abortions across the country.
Mon, 21 Aug 2023 - 1h 28min - 252 - The Rise and Fall of the Voting Rights Act
Ari Berman, author of Give Us the Ballot, joins Leah and Kate to track the passage of the Voting Rights Act, the challenges against it over the decades, and the Supreme Court's dismantling of it since its 2013 decision in Shelby County v. Holder.
Mon, 14 Aug 2023 - 1h 06min - 251 - The Dobbs Decision Hasn't Aged Well
Leah, Kate, and Melissa assemble a star-studded cast to do dramatic readings of last year's opinion that overturned Roe v. Wade.
Mon, 7 Aug 2023 - 1h 38min - 250 - Trump Indicted Again Again
Former President Donald Trump has been indicted for a third time-- this time in a Washington, DC, case about attempts to overturn the 2020 election. Kate, Melissa, and Leah huddle to break down the charges, the people involved, and what happens next.
Wed, 2 Aug 2023 - 36min - 249 - America's First Civil Rights Movement
First things first, Melissa and Leah break down Sam Alito's latest airing of grievances in the Wall Street Journal. Then, Kate joins them for a lesson in actual history from an actual historian. Kate Masur, author of Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction, joins the trio for a conversation about her Pulitzer Prize-nominated book.
Mon, 31 Jul 2023 - 1h 16min - 248 - BONUS: #WITHpod & Strict Scrutiny Crossover
Leah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term.
Wed, 26 Jul 2023 - 1h 06min - 247 - Shining Light on the Shadow Docket
Leah, Kate, and Melissa talk to Steve Vladeck about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.
Mon, 24 Jul 2023 - 57min - 246 - Clarence Thomas's America
Joel Anderson, host of Slow Burn: Becoming Justice Thomas, joins Melissa and Kate to analyze the justice's trajectory from his childhood in Georgia to his contentious confirmation hearings.
Mon, 17 Jul 2023 - 59min - 245 - How the Federalist Society Took Over
We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution and Separate But Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture, joins Melissa and Leah to guide the journey.
Mon, 10 Jul 2023 - 46min - 244 - What else can the Supreme Court get away with?
Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? in an RV in Walmart parking lot? Who's to say!). They highlight recurring themes throughout the justices' opinions, relive some of the best moments in oral arguments, recap the Court's scandals, and preview the cases that scare them next term.
Mon, 3 Jul 2023 - 1h 02min - 243 - Student Debt Relief Bad, Bigotry Good
The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases.
Fri, 30 Jun 2023 - 49min - 242 - The End of Affirmative Action
Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions programs that consider race to be in violation of the 14th Amendment.
Thu, 29 Jun 2023 - 1h 02min - 241 - Is ISL dead? IDK.
The Supreme Court handed down its decision in Moore V. Harper today, saying that state legislatures can’t actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.
Tue, 27 Jun 2023 - 54min - 240 - A Fear of Too Much Justice
Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Alito. And then it's opinion-palooza, recapping the opinions we got last week while we wait with bated breath for the horrors the last week of the term will bring.
Mon, 26 Jun 2023 - 1h 08min - 239 - BONUS: This Land on the Indian Child Welfare Act
Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast, takes us inside the courtroom in this special bonus episode to break down the decision, how we got here, and what it all means.
Sat, 24 Jun 2023 - 44min - 238 - Good News for the Indian Child Welfare Act
The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.
Mon, 19 Jun 2023 - 1h 16min - 237 - Trump Arraigned and Arrested (BONUS episode)
Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more. Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Wed, 14 Jun 2023 - 34min - 236 - A Win for Multiracial Democracy
Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah for a live show at Howard University School of Law.
Mon, 12 Jun 2023 - 1h 16min - 235 - "Not That Bad" is Still Bad!Mon, 5 Jun 2023 - 55min
- 234 - A Wrecking Ball to Environmental Law
Sam Sankar of Earthjustice joins Leah Litman and guest host Steven Mazie to discuss the impact of the Supreme Court's opinion in a case about clean water.
Mon, 29 May 2023 - 1h 16min - 233 - Anti-Abortion Litigation at Warp Speed
Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined.
Mon, 22 May 2023 - 1h 02min - 232 - You Can Crime If You Want To
Melissa, Kate, and Leah catch up on the latest stories about questionable ethics at the Supreme Court-- including a couple of new opinions about political corruption and fraud.
Mon, 15 May 2023 - 1h 13min - 231 - Asked and Answered: A Listener Mailbag Episode!
It's our first ever listener mailbag episode of Strict Scrutiny! You asked, we answered-- is court expansion possible? Is law school worth it? Who are our fancy billionaire friends? Can we stop being such hysterical harpies? Which Taylor Swift song is the best? Plus, we recap Justice Alito's "interview" with the Wall Street Journal so you don't have to read it.
Mon, 8 May 2023 - 1h 30min - 230 - Ethics, Shmethics
The stories about federal judges doing shady things just keep coming. Gabe Roth, executive director of Fix the Court, joins Melissa, Kate, and Leah to discuss proposals for making the judiciary more transparent and accountable. Plus, the hosts recap oral arguments-- including one on whether the government can take your money and keep the change.
Mon, 1 May 2023 - 1h 06min - 229 - What's next for mifepristone?
Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top of Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves the way for a death-row inmate to obtain DNA testing that could prove his innocence.
Mon, 24 Apr 2023 - 1h 06min - 228 - The Ultimate in Anti-Abortion ExceptionalismMon, 17 Apr 2023 - 1h 09min
- 227 - Mifepristone, Mega Yachts, and Maskgate
Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with Joan Bikupic about her new book.
Mon, 10 Apr 2023 - 1h 23min - 226 - The Arrest is History
It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah and Kate to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.
Wed, 5 Apr 2023 - 36min - 225 - The Supreme Importance of Wisconsin's Election
Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School.
Mon, 3 Apr 2023 - 1h 08min - 224 - Is It Infringement If It's Funny?
Strict Scrutiny takes Hawaii! Senator Mazie Hirono joins Kate, Leah, and Melissa for a live show at the University of Hawaii Richardson School of Law.
Mon, 27 Mar 2023 - 1h 01min - 223 - Fueling the Conservative Grievance Machine
Melissa, Leah, and Kate preview three Supreme Court cases up for argument this week. The cases focus on water rights on Indian reservations, the constitutionality of a federal law that prohibits people from encouraging unlawful immigration, and Jack Daniels (yes, the alcohol company) suing a dog toy company over a poop-related joke.
Mon, 20 Mar 2023 - 1h 07min - 222 - Shielded: How the Police Became Untouchable
First things first: WE WON AN AMBIE! Leah, Kate, and Melissa gather to raise a glass and celebrate this huge honor. Then, Kate and Melissa talk with Joanna Schwartz about her new book.
Mon, 13 Mar 2023 - 1h 15min - 221 - Ascertaining the Majorness of Student Debt Relief
What’s going to happen to the federal student debt relief plan? Melissa, Leah and Kate give listeners some answers as they break down last week’s Supreme Court oral arguments on the cases blocking 20 million borrowers from seeing between $10,000 and $20,000 of forgiveness on their federal student loans.
Mon, 6 Mar 2023 - 1h 18min - 220 - Not the Nine Greatest Experts on the InternetMon, 27 Feb 2023 - 1h 02min
- 219 - Will the Supreme Court break the Internet?
Leah and Melissa welcome Danielle Citron to preview two Supreme Court cases about regulation of online content.
Mon, 20 Feb 2023 - 1h 02min - 218 - The Originalist Case for Terrorizing Women
Leah and Kate talk to Jessica Valenti, writer of the Substack newsletter “Abortion, Every Day,” which documents the rapidly changing landscape of abortion rights in the U.S. after Dobbs.
Mon, 13 Feb 2023 - 57min - 217 - The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage
Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage.
Mon, 6 Feb 2023 - 45min - 216 - Lady Justice: Women, the Law, and the Battle to Save America
Melissa talks to Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America.
Mon, 30 Jan 2023 - 53min - 215 - Cosplaying an Investigation
Live from the University of Pennsylvania, Kate and Leah recap oral arguments in cases the Supreme Court heard last week, and weigh in on the report the Supreme Court issued on their investigation into the Dobbs leak.
Mon, 23 Jan 2023 - 1h 10min - 214 - Busting Unions and Dodging Opinions
Kate, Melissa, and Leah recap the Supreme Court's the first oral arguments of 2023, which includes cases about union labor laws, attorney-client privilege, and Puerto Rico's sovereign immunity. Plus-- why hasn't the Court released any opinions yet?
Mon, 16 Jan 2023 - 1h 06min - 213 - The Long Game to Weaken Workers' Rights
Melissa, Kate, and Leah reconvene to preview the cases the Supreme Court will hear in its January sitting. Manny Pastreich, president of the Service Employees International Union (SEIU) local 32BJ, joins us to lay out the stakes of a pair of cases involving labor unions.
Mon, 9 Jan 2023 - 1h 01min - 212 - Civil Rights QueenMon, 26 Dec 2022 - 1h 04min
- 211 - All I Want For Christmas Is Democracy
Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can’t intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a walk in a winter wonderland with this year's list of Our Favorite Things!
Mon, 19 Dec 2022 - 1h 19min - 210 - How the 303 Creative case threatens to roll back the 21st century
The Supreme Court recently heard 2.5 hours of oral arguments in 303 Creative v. Elenis-- the case about a Colorado website designer who doesn't want to create wedding websites for gay couples. The arguments were absolutely bonkers, with justices invoking kids in KKK uniforms, Black mall Santas, dating sites for people seeking affairs, and re-education camps. Leah, Kate, and Melissa recap the arguments and what they may portend for the future of LGBTQ rights.
Mon, 12 Dec 2022 - 1h 09min - 209 - Making Fraud Great Again
Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.
Mon, 5 Dec 2022 - 1h 15min - 208 - Turning Fan Fiction Into Reality
Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again.
Mon, 28 Nov 2022 - 1h 10min - 207 - Justice Samuel A-leak-o?
On Saturday, the New York Times published a piece about a former anti-abortion leader's claim that he was told the outcome of a 2014 Supreme Court case before it was public. The story offers a glimpse at a years-long campaign by conservative activists to obtain access to and ingratiate themselves with Supreme Court justices. It's really wild and really disturbing-- so Leah, Kate, and Melissa convene for an emergency episode to discuss.
Mon, 21 Nov 2022 - 42min - 206 - The Uncertain Future of the Indian Child Welfare Act
Rebecca Nagle, host of Crooked Media's This Land, joins Melissa, Leah, and Kate to recap the arguments in Haaland v. Brackeen. The case revolves around the Indian Child Welfare Act, which lays out a set of preferences for where Native children can be placed for foster care and adoption. The challengers, white foster parents trying to adopt Native children, are claiming a violation of the Equal Protection Clause of the 14th Amendment. But as Rebecca explains, tribal sovereignty isn't racial-- it's political.
Mon, 14 Nov 2022 - 1h 27min - 205 - Affirmative Action Reaction
Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.
Mon, 7 Nov 2022 - 1h 25min - 204 - Open Season on Precedents
On Halloween, the Supreme Court will hear pair of cases challenging affirmative action in university admissions. Spooky! Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Melissa, Kate, and Leah to preview the cases.
Sun, 30 Oct 2022 - 1h 08min - 203 - Credible: Why We Doubt Accusers and Protect Abusers
Kate talks with Deborah Tuerkheimer about her recent book, Credible: Why We Doubt Accusers and Protect Abusers.
Mon, 24 Oct 2022 - 49min - 202 - Pigs, Prince, and Proven Innocence
Kate, Melissa, and Leah recap some of the cases argued at the Supreme Court last week: Reed v. Goertz, National Pork Producers Council v. Ross, and Andy Warhol Foundation for the Visual Arts v. Goldsmith.
Mon, 17 Oct 2022 - 1h 06min - 201 - Limiting the Inevitable Damage
Melissa, Kate, and Leah welcome Sam Sankar of Earthjustice and Deuel Ross of NAACP Legal Defense and Educational Fund to recap the arguments the Supreme Court heard this week in two big cases. Sackett v. EPA is a challenge to the EPA’s authority to regulate wetlands, and Merrill v. Milligan is a Voting Rights Act case out of Alabama that’s really about whether Congress may ensure the representation and political power of voters of color.
Mon, 10 Oct 2022 - 1h 09min - 200 - How SCOTUS Distorts Democracy
It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term.
Mon, 3 Oct 2022 - 1h 07min - 199 - Judicial Joyriding
For the University of Michigan's Homecoming weekend, we held a special live recording for our season finale. Michelle Adams joins Kate and Leah to wrap up the justices' summer shenanigans and provide a look forward at the collegiate affirmative action cases coming before the Supreme Court this term. Plus, Sommer Foster, co-Executive Director at Michigan Voices, joins to talk to us about Reproductive Freedom For All, the ballot initiative campaign to protect reproductive freedom in Michigan.
Mon, 26 Sep 2022 - 1h 10min - 198 - Unprincipled and Inconsistent Voting Rights Shenanigans
Leah talks with Wilfred Codrington III about his article, "Purcell in Pandemic," which appeared in the NYU Law Review. The Purcell Principle comes from a 2006 Supreme Court case about what makes an appropriate timeline for changing election laws. The principle wasn't clear to begin with, and has only gotten more confusing in litigation surrounding the 2020 election. Will we see it continue to play out in this year's midterms?
Mon, 19 Sep 2022 - 52min - 197 - Please Pay Attention to State Courts and Constitutions
Kate, Leah, and Melissa convene a panel to persuade you that the fight for progressive causes has to include state courts and state constitutions. To get the lay of the land and identify the challenges ahead, they welcome four guests: Miriam Seifter of the University of Wisconsin-Madison, Jessica Bulman-Pozen of Columbia Law School, Daniel Nichanian of Bolts, and Alicia Bannon of the Brennan Center.
Mon, 12 Sep 2022 - 57min - 196 - Debunking the Independent State Legislature Fantasy
With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections.
Mon, 5 Sep 2022 - 54min - 195 - Fossil Fuel Rules Everything Around Me
Senator Sheldon Whitehouse joins Leah and Melissa for a deep dive into West Virginia v. EPA, the Supreme Court's major climate case last term.
Mon, 29 Aug 2022 - 51min - 194 - What the Fight After Roe Actually Looks Like
Somehow, it's only been less than two months since the Supreme Court overruled Roe v. Wade with their decision in Dobbs v. Jackson Women's Health Organization. But A LOT has happened since then. To further examine the fall-out, we assembled a stellar crew to help us get the lay of the land: journalist Rebecca Traister, health law expert Michele Goodwin, and U.S. Congressman Mondaire Jones.
Mon, 22 Aug 2022 - 1h 23min - 193 - Women Are Not Without Power
Even though it's summer, there's a lot to catch up on in the legal world! Leah and Melissa talk with Grace Panetta, who co-wrote a piece for Business Insider on the GOP's plans for state constitutional conventions. And then they turn toward Kansas, where voters dramatically turned out to declare that abortion rights are an essential part of the state constitution. They're joined by several of the activists behind the victory.
Mon, 15 Aug 2022 - 1h 17min - 192 - Hostility to Mercy
Leah talks with Lee Kovarsky of the University of Texas about the Supreme Court's treatment of death penalty cases.
Mon, 8 Aug 2022 - 51min - 191 - Law & Religion on the Barrett Court
It's a deep dive into law and religion in this conservative supermajority iteration of the Supreme Court. Kate talks with Micah Schwartzman of UVA and Nelson Tebbe of Cornell about some of the major religious liberty cases that have come before the Court in recent years, and what the Court may be signaling for the future.
Mon, 1 Aug 2022 - 1h 02min - 190 - The Family Roe: An American StoryMon, 25 Jul 2022 - 57min
- 189 - How Mitch Rigged the Courts
While the Supreme Court gets all the focus, lower federal courts are just as much in need of reform. Unfortunately, rigging the courts is a game the GOP knows how to play. In this episode, Leah talks with Rakim Brooks of Alliance for Justice, and Brandon Hasbrouck of Washington & Lee Law School, about how federal judges get picked, how Mitch McConnell has played the long game, and how the Democrats need to move forward in the judicial selection process.
Mon, 18 Jul 2022 - 51min - 188 - Break Glass in Case of Emergency
It was a long term. It's over. Leah, Melissa, and Kate recap what all happened, what we maybe learned out of it, and what we have to look forward to.
Mon, 11 Jul 2022 - 1h 14min
Podcasts ähnlich wie Strict Scrutiny
- This Week with George Stephanopoulos ABC News
- World News Tonight with David Muir ABC News
- National Park After Dark Audioboom Studios
- Infamous Campside Media / Sony Music Entertainment
- Why Is This Happening? The Chris Hayes Podcast Chris Hayes, MSNBC & NBCNews THINK
- The Daily Show: Ears Edition Comedy Central & iHeartPodcasts
- Behind the Bastards Cool Zone Media
- Political Theater CQ Roll Call
- The NoSleep Podcast Creative Reason Media Inc.
- Pod Save America Crooked Media
- Fox News Sunday Audio Fox News Sunday Audio Podcast
- Hacks On Tap Hacks On Tap
- BASED Politics Hannah Cox
- This Day in Esoteric Political History Jody Avirgan & Radiotopia
- Prosecuting Donald Trump MSNBC
- The Good Friends of Jackson Elias Paul Fricker, Matthew Sanderson and Scott Dorward
- Amicus With Dahlia Lithwick | Law, justice, and the courts Slate Podcasts
- Chameleon: The Michigan Plot Sony Music Entertainment & Campside Media
- The Apocalypse Players The Apocalypse Players (D Allen, D McAleer, M Chance, D Wheeler)
- Get in the Trunk - A Delta Green Anthology Series The Glass Cannon Network
- Capitalisn't University of Chicago Podcast Network
- Вид на Кремль Медуза / Meduza
- Что случилось Медуза / Meduza