Strict Scrutiny

Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he said.

Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone?

It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government.

Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least.

After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean air, and big pharma.

Leah, Melissa, and Kate weigh the implications of Bloomberg’s scoop on EMTALA (apparently someone at the court got a little trigger-happy with the upload button). Then they take a look at today’s two official opinions–is a $13,000 bribe equivalent to buying someone Chipotle? Coach Kavanaugh has thoughts. And did the government strong-arm social media companies into censoring content? There’s a word for that: jawboning.

As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a rowdy live show at the Howard Theatre in Washington, DC!

The gang is back together! Ahead of the Strict Scrutiny live show on Saturday in DC, Kate, Melissa and Leah comb through four decisions from the Court. Are these the cases everyone’s waiting for? Not quite, but they do involve repatriation taxes, malicious prosecution, federal rules of evidence, and retaliatory arrests.

Live from New York, it's Strict Scrutiny! Elie Mystal joins Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break down opinions, perform dramatic readings of the secret Alito recordings, and dole out some end-of-year superlatives to the justices.

In an emergency episode, Leah and Melissa break down the Court's 6-3 decision to strike down a ban on bump stocks, attachments that allow semi-automatic weapons to fire at machine gun-like rates. It's bad, people.

Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. Plus, they recap recent opinions in cases about bankruptcy, tax law, and health care on Native American reservations.

Melissa and Kate recap the Supreme Court's latest opinions and catch up on the latest drama from the Alitos' flag-flying fiasco.

A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America to talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway.

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.

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.

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!

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!

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!

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking.

We're only one week into 2024, and there's so much court news to catch up on!

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.

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!

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.

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.

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.

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.

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.

Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media.

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.

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.

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).

Kate, Melissa, and Leah recap oral arguments in the cases the Supreme Court heard last week.

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.

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.

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.

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.

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.

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.

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.

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.

Leah, Kate, and Melissa assemble a star-studded cast to do dramatic readings of last year's opinion that overturned Roe v. Wade.

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.

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.

Leah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term.

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.

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.

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.

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.

The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases.

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.

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.

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.

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.

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.

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.

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.

Melissa, Leah, and Kate recap an opinion that could affect the future of labor strikes.

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.

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.

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.

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.

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.

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.

Kate and Leah catch up on the latest Clarence Thomas news, and the latest mifepristone news.

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.

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.

Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School.

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.

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.

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.

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.

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week.

Leah and Melissa welcome Danielle Citron to preview two Supreme Court cases about regulation of online content.

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.

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.

Melissa talks to Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America.

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.

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?

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.

Melissa and Kate interview Tomiko Brown-Nagin about her book Civil Rights Queen.

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!