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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.
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The DOJ is a Corrupt Clown Show
Leah and Melissa break down the administration’s latest lawsuits, from the DOJ’s fight over Alaska’s Senate candidacy, to its efforts to force California to turn over voter information, to Trump’s golf course fiasco. They also recap the lat
Sex Trafficking Lawsuits, Privacy Rights, and a Court That Can’t Keep Up
The nation is on a fast-paced slide toward full-on fascism, but what else is new? Leah, Kate, and Melissa recap Matt Gaetz’s sex trafficking civil suit, Katie Zacharia’s first—and last—week as White House Press Secretary, and the disturbing
Will SCOTUS Let Big Oil Off the Hook?
The first week of the new term has come and gone, and things are heating up… literally. Kirti Datla, director of Earthjustice’s Strategic Legal Advocacy Program, joins Melissa and Leah to discuss the term’s biggest climate case: Suncor v. C
The Supreme Court Allows Third-Country Deportations to Continue
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well
We Need to Talk About Ethics Reform
In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court (https://fixthecourt.com/). What would a meaningful and enforceable set of ethics rules look like for
A New Term of Supreme Chaos
It’s been a long summer, but Leah, Kate and Melissa are back together to break down the biggest cases and legal battles coming to the Supreme Court this term. Starting in October, the justices will hear challenges involving AR-15s and semi-
We Need To Talk About Jurisdiction Stripping
In the fourth installment of our Hot Supreme Court Reform September series, Leah sits down with former FTC Chair Lina Khan and Lev Menand, both of Columbia Law School, to talk through ways to limit how much SCOTUS can mess with federal agen
Trump’s Assault on the Free Press
Melissa and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Al
We Need To Talk About Judicial Review
In the third installment of our Hot Supreme Court Reform September series, Leah sits down with Daphna Renan and Nikolas Bowie to discuss how judicial supremacy became the default operating system of the federal government, and how limiting
BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BS
Kate, Leah and Melissa hop on to break down the Supreme Court’s decision to block the Trump administration’s Postal Service regulation announcing it would not deliver mail-in ballots unless states adopted a bunch of last-minute, unnecessary
How Trump is Using the IRS to Resegregate America
Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign fin
Still Counting: Trump vs. The BLUE WAVE: A Midterm Extravaganza
Nate Silver, Clare Malone, and Galen Druke discuss the most competitive Senate races heading into the midterms in this excerpt from their new podcast, Still Counting. To hear the rest, head over to Still Counting and subscribe! New episodes
We Need to Talk About Term Limits
In part two of our Hot Supreme Court Reform September series, Kate and the Brennan Center’s Alicia Bannon make the case for term limits for the Court. The idea has bipartisan support, but what would they look like in practice? And, cruciall
We Need To Talk About Court Expansion
How do you solve a problem like SCOTUS? Kate kicks off our Hot Supreme Court Reform September series with the New York Times’ Jamelle Bouie. They dig into the ins and outs of expanding the Court: what the process could look like, the argume
SCOTUS Greenlights Trump's Ballroom
In this bonus episode, Leah and Melissa break down the Supreme Court’s decision to let Trump move forward with plans for a White House ballroom, despite lower courts finding that the project cannot proceed without congressional authorizatio
Is SCOTUS Letting Trump Meddle in the Midterms?
Kate and Leah break down last week's atrocious shadow docket order on the President's wildly illegal executive order concerning elections and absentee ballots, which furthers the administration's effort to, as Justice Ketanji Brown Jackson
Know Your Rights: Do You Have to Talk to Cops?
In the second episode of our Know Your Rights series, Leah and Melissa sit down with NYU Law’s Daniel Harawa to break down what you do—and don't—have to say when law enforcement stops you. They cover the difference between being seized and
What Does Peak Fascism Look Like?
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at http://crooked.com/strict_cleLeah i
All the President’s Henchmen
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at http://crooked.com/strict_cleKate i
Know Your Rights: Copwatching 101
In part one of our two-part Know Your Rights series, Leah speaks with Brooklyn Law School’s Jocelyn Simonson about copwatching. They cover what the law says about filming police and federal officers like ICE agents, the line between protect
Sometimes, These F*ckers Lose
Melissa and Justice Correspondent for The Nation Elie Mystal (https://www.thenation.com/authors/elie-mystal/) sift through the results of last week’s primaries, including good news from Missouri and Kansas, with a detour on why Michigan Sen
Will Trump Succeed in Rigging the Midterms?
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at http://crooked.com/strict_cleKate a
Dude Process, Not Due Process
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at http://crooked.com/strict_cleFriend of the Pod Emily Amick of Emily in Your Phone (https://emilyinyourphone.substack.com/) joins Leah to break down the week’
How Bad Is Trump's Attorney General Pick?
Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s pe
Our Long Road Out of Autocracy
Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, auto
Surveying the Wreckage of This Supreme Court Term
Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here! Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com (http://
SCOTUS Just Barely Preserves Birthright Citizenship
In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allow
SCOTUS Kills Independent Agencies, Expands Presidential Power
In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook, which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential
SCOTUS Keeps Rewriting Gun History
Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode (https://www.youtube.com/watch?v=E_wetONQXfI)), before digging into the Second Amendment
BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies
In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people wi
