Podcasts by Category

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.
- 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 14min - 228 - The Ultimate in Anti-Abortion ExceptionalismMon, 17 Apr 2023 - 1h 18min
- 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 33min - 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 - 43min - 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 15min - 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 10min - 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 17min - 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 23min - 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 27min - 220 - Not the Nine Greatest Experts on the InternetMon, 27 Feb 2023 - 1h 11min
- 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 09min - 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 - 1h 04min - 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 - 53min - 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 - 59min - 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 16min - 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 11min - 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 08min - 212 - Civil Rights QueenMon, 26 Dec 2022 - 1h 08min
- 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 30min - 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 - 187 - Smashing Precedents and Making Up Facts
The Supreme Court finally finished the OT2021 term-- and it was a doozy. Kate and Leah recap the last few opinions, including Oklahoma v. Castro Huerta, with special guest Greg Ablavsky of Stanford Law.
Mon, 4 Jul 2022 - 1h 03min - 186 - Just how bad is the Supreme Court's EPA decision?
Kate and Leah break down the "free-wheeling, free association analysis" of the Supreme Court's opinion in West Virginia v. Environmental Protection Agency.
Fri, 1 Jul 2022 - 22min - 185 - This Maximalist Conservative Supermajority
The pace of opinion releases has accelerated considerably as we speed toward the end of June and the justices' vacations. Even though last week brought us blockbuster cases about guns and abortions, there are still lots of consequential opinions getting overlooked. Leah, Kate, and Melissa break them down-- after a few more thoughts about Dobbs. Plus, Melissa gets to finally flex her British Royals Brain in the court culture segment.
Mon, 27 Jun 2022 - 1h 01min - 184 - Roe is dead. Now what?
Today the Supreme Court issued their opinion in Dobbs v. Jackson Women's Health Organization. It overruled Roe v. Wade and Planned Parenthood v. Casey, meaning there is no longer constitutional protection for the right to an abortion.
Sat, 25 Jun 2022 - 1h 05min - 183 - How SCOTUS gutted our gun laws
Today the Supreme Court released its opinion in NYSRPA v. Bruen, saying that the constitutional right to carry a gun extends beyond the home. Kate, Leah, and Melissa break down the opinion and what it means for the future of gun regulations and states' rights.
Fri, 24 Jun 2022 - 1h 01min - 182 - Reeking of Impropriety
The Supreme Court handed down 11 opinions last week-- 18 more to go. Leah and Melissa recap the outcomes.
Mon, 20 Jun 2022 - 58min - 181 - Queer Supremacy (A Pride Special)Thu, 16 Jun 2022 - 1h 06min
- 180 - The Newly Constituted and Restless
The Supreme Court released four opinions last week (still 20-something to go before the end of the term), so Leah, Kate, and Melissa break them all down.
Mon, 13 Jun 2022 - 48min - 179 - Allow Me To Retort
Melissa interviews Elie Mystal about his new book, Allow Me To Retort: A Black Guy's Guide to the Constitution. For a transcript of this episode, go to crooked.com/strictscrutiny
Mon, 6 Jun 2022 - 1h 03min - 178 - Innocence Isn't Enough
Investigative journalist Liliana Segura joins Kate, Melissa, and Leah to tell the story of Barry Jones, who was the center of one of the cases in Shinn v. Martinez Ramirez. The Supreme Court just released an opinion in the case last week, and it's bad.
Mon, 30 May 2022 - 1h 10min - 177 - The Only Loser is the Public
Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case.
Mon, 23 May 2022 - 1h 04min - 176 - What's next in a post-Roe world
Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world.
Mon, 16 May 2022 - 1h 14min - 175 - Stay Mad Like Sam
Kate, Melissa, and Leah recap the remaining arguments from the April session before continuing their investigation into the leaked draft opinion….
Mon, 9 May 2022 - 1h 09min - 174 - What the SCOTUS leak could mean for abortion
Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion. Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe
Tue, 3 May 2022 - 52min - 172 - The Inner Life of Coach Kavanaugh
Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44].
Mon, 2 May 2022 - 1h 10min - 171 - Coup, But Make It Look Legal
Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism.
Mon, 25 Apr 2022 - 1h 01min - 170 - The Non-Existent Establishment Clause
Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty.
Mon, 18 Apr 2022 - 58min - 169 - Justice on the Brink
Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in partnership with New York University’s John Brademas Center.
Mon, 11 Apr 2022 - 49min - 168 - Light Conspiracy Theories
Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].
Mon, 4 Apr 2022 - 57min - 167 - Backwards and in High Heels
Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning.
Mon, 28 Mar 2022 - 1h 19min - 166 - Go Down Clutching the Constitution
Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term. Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53].
Mon, 21 Mar 2022 - 1h 14min - 165 - Living Textualism
Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.
Mon, 14 Mar 2022 - 44min - 164 - Canon Wars
Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh?
Mon, 7 Mar 2022 - 1h 29min - 163 - Indian Law Hall of Fame
Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?
Thu, 3 Mar 2022 - 53min - 162 - KBJ, All the Way!
Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship.
Mon, 28 Feb 2022 - 1h 05min - 161 - I Don't Wanna
Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48).
Sat, 26 Feb 2022 - 1h 16min - 160 - We're Doing S'mores
Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting.
Mon, 21 Feb 2022 - 54min - 159 - Speedy Sonia
Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.
Wed, 16 Feb 2022 - 43min - 158 - Party Like It's 1935
Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.
Mon, 14 Feb 2022 - 52min - 157 - Further Erosion
Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians.
Wed, 9 Feb 2022 - 33min - 156 - Supreme Ambition
Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.
Mon, 7 Feb 2022 - 56min - 155 - Mensch On The Bench
Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate.
Mon, 31 Jan 2022 - 1h 16min - 154 - Comeback Kid
Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors.
Thu, 27 Jan 2022 - 35min - 153 - Putting the Tea in Totenberg
Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8.
Mon, 24 Jan 2022 - 58min - 152 - BONUS: Strict Scrutiny x Why Is This Happening?
The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw). Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting and gun rights, and more contentious political battles, the year ahead will certainly be one for the books.
Wed, 19 Jan 2022 - 1h 02min - 151 - Hot Potato
Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers.
Mon, 17 Jan 2022 - 54min - 150 - Putting the F in FDR
Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients.
Fri, 14 Jan 2022 - 42min - 149 - Justice for Snowflake
Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month.
Mon, 10 Jan 2022 - 56min - 148 - No Laws, Just Vibes
Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19.
Sat, 8 Jan 2022 - 1h 14min - 147 - Laboratories of Autocracy
Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer.
Mon, 3 Jan 2022 - 31min - 146 - The People's Constitution
Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.
Mon, 27 Dec 2021 - 43min - 145 - Our Favorite Things, 2021
Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things. To wear Wool leg warmers from Lunya Washable silk pajamas from Lunya True Botanicals Kari Gran mini kit The Lady Doth Etsy shop Taylor Swift merch To read My Monticello, by Jocelyn Nicole Johnson The Silence of the Girls, by Pat Barker The Women of Troy, by Pat Barker The 1619 Project Born on the Water, Nikole Hannah-Jones and Renee Watson How to be Successful Without Hurting Men’s Feelings, by Sarah Cooper To eat This Little Goat Sugargoat Levain Bakery cookie assortment To support women journalists Dahlia Lithwick - Slate Plus Alexandra Petri - Washington Post Rebecca Traister and Irin Carmon - New York Magazine and The Cut Erinn Haynes and Shefali Luthra - The 19th To smell Parks Project-- like this Yosemite Lodgepole Pine Candle To spoil your dog The Farmer’s Dog food Buck Bones Stuffing free toys DIY sock bottle And of course, to rep your favorite podcast Strict Scrutiny merch
Mon, 20 Dec 2021 - 43min - 144 - The Marshmallow Experiment
We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year! Resources: Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life." Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion" We rely on listeners to keep the show funded! You can become a Glow supporter for $7/month, or pick up some merch as you do the rest of your holiday shopping.
Mon, 13 Dec 2021 - 1h 28min - 143 - A Uterus, If You Can Keep It
Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!)
Fri, 10 Dec 2021 - 41min - 142 - Let's Be Legends
Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue. Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours. Resources: "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. New York Times, November 26, 2021. "The Judge Who Told the Truth About the Mississippi Abortion Ban," by Reynolds Holding. The Atlantic, November 30, 2021. Amicus brief by the Howard University School of Law Human and Civil Rights Clinic
Mon, 6 Dec 2021 - 1h 11min - 141 - Fourth Dimension Feminism
Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks.
Thu, 2 Dec 2021 - 1h 08min - 140 - Sad Girl Autumn
It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases.
Mon, 29 Nov 2021 - 54min - 139 - At Liberty: This Fall’s Fight Against Forced Pregnancy
In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well. The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate. Melissa's co-panelists are Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project. Molly Kaplan hosts.
Mon, 22 Nov 2021 - 40min - 138 - Self-Own Sam
Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more!
Mon, 15 Nov 2021 - 1h 12min - 137 - Have They Heard of Frat Houses?
Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California.
Thu, 11 Nov 2021 - 31min - 136 - Arbitration Rat
Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.)
Mon, 8 Nov 2021 - 1h 09min - 135 - Foreign in a Domestic Sense
Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment?
Fri, 5 Nov 2021 - 28min - 134 - Some GeniusesTue, 2 Nov 2021 - 52min
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