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Strict Scrutiny

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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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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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Episodes

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Published 2023-06-12

A Win for Multiracial Democracy

76 min
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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.
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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.
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Published 2023-05-29

A Wrecking Ball to Environmental Law

76 min
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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.
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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.
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Published 2023-05-22

Anti-Abortion Litigation at Warp Speed

62 min
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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.

  • Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
  • The hosts covered the arguments of the opinions for Gonzales v. Google LLC and Twitter, Inc. v. Taamneh in this episode.
  • In this episode, the hosts discussed the arguments for Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, another one of the opinions discussed.
  • This past episode discusses the arguments for Ohio Adjutant General’s Department v. Federal Labor Relations Authority, an opinion the hosts talk about this week

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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.

  • Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
  • The hosts covered the arguments of the opinions for Gonzales v. Google LLC and Twitter, Inc. v. Taamneh in this episode.
  • In this episode, the hosts discussed the arguments for Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, another one of the opinions discussed.
  • This past episode discusses the arguments for Ohio Adjutant General’s Department v. Federal Labor Relations Authority, an opinion the hosts talk about this week

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
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Published 2023-05-15

You Can Crime If You Want To

73 min
View
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.
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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.
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Published 2023-05-08

Asked and Answered: A Listener Mailbag Episode!

90 min
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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.
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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.
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Published 2023-05-01

Ethics, Shmethics

66 min
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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.
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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.
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Published 2023-04-24

What's next for mifepristone?

66 min
View
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.
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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.
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Published 2023-04-10

Mifepristone, Mega Yachts, and Maskgate

83 min
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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.
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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.
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Published 2023-04-05

The Arrest is History

36 min
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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.
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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.
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Published 2023-04-03

The Supreme Importance of Wisconsin's Election

68 min
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Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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Kate and Leah host Wisconsin Supreme Court Justices Rebecca Dallet and Jill Karofsky in a live show at the University of Wisconsin Law School. On April 4th, Wisconsin voters will decide who will fill an open state Supreme Court seat, which could give liberals a majority on the high court for the first time since 2008. What issues are on the table? Abortion and voter rights, to name a few. The hosts also recap recent Supreme Court arguments.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
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Published 2023-03-27

Is It Infringement If It's Funny?

61 min
View

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. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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. We catch up on the latest in anti-abortion legislation, recap the Supreme Court's arguments from last week (including the Jack Daniels'/poop jokes case), and discuss a first-of-its-kind opinion out of the Hawaii Supreme Court.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
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Published 2023-03-20

Fueling the Conservative Grievance Machine

67 min
View

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. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

For a transcript of this episode, go to crooked.com/strictscrutiny

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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. Plus, a new venture from Leonard Leo provides some insight into what conservatives think liberals sit around doing all day.

  • Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

For a transcript of this episode, go to crooked.com/strictscrutiny

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
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Published 2023-03-13

Shielded: How the Police Became Untouchable

75 min
View
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.
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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.
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Published 2023-03-06

Ascertaining the Majorness of Student Debt Relief

78 min
View

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. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion.

  • Listen to last week’s episode previewing the student debt relief cases
  • Listen to this episode on the federal court case regarding the FDA approval of mifepristone.
  • Follow Strict Scrutiny on Instagram and Twitter.
  • Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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. They also discuss how those arguments could affect a pending federal court ruling that could force the FDA to reverse its approval of mifepristone, a drug used in medication abortion.

  • Listen to last week’s episode previewing the student debt relief cases
  • Listen to this episode on the federal court case regarding the FDA approval of mifepristone.
  • Follow Strict Scrutiny on Instagram and Twitter.
  • Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
Audio Web Apple
Published 2023-02-27

Not the Nine Greatest Experts on the Internet

62 min
View

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching.

  • Follow Strict Scrutiny on Instagram and Twitter.
  • Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

Leah and Kate recap the arguments in the big Internet cases the Supreme Court heard last week. Plus, they look ahead to the upcoming arguments in the student debt cancellation cases-- and to an election in Wisconsin that you should all be watching.

  • Follow Strict Scrutiny on Instagram and Twitter.
  • Follow Crooked Media on Instagram and Twitter for more original content, host takeovers, and other community events.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
Audio Web Apple
Published 2023-02-13

The Originalist Case for Terrorizing Women

57 min
View
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.
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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.
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Published 2023-02-06

The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage

45 min
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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.
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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.
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Published 2023-01-23

Cosplaying an Investigation

70 min
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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.
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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.
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Published 2023-01-16

Busting Unions and Dodging Opinions

66 min
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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?
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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?
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Published 2023-01-09

The Long Game to Weaken Workers' Rights

61 min
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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.
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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.
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Published 2022-12-26

Civil Rights Queen

64 min
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Melissa and Kate interview Tomiko Brown-Nagin about her book Civil Rights Queen.
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Melissa and Kate interview Tomiko Brown-Nagin about her book Civil Rights Queen.
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Published 2022-12-19

All I Want For Christmas Is Democracy

79 min
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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!
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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!
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Published 2022-12-12

How the 303 Creative case threatens to roll back the 21st century

69 min
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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.

 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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.

 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
Audio Web Apple
Published 2022-12-05

Making Fraud Great Again

75 min
View

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.

On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday.

 

HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at  votesaveamerica.com.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

More description

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.

On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday.

 

HUGE reminder that it’s run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That’s TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at  votesaveamerica.com.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Extract Knowledge
Listen elsewhere
Audio Web Apple
Published 2022-11-28

Turning Fan Fiction Into Reality

70 min
View
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.
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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.
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Published 2022-11-21

Justice Samuel A-leak-o?

42 min
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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.
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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.
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Published 2022-11-14

The Uncertain Future of the Indian Child Welfare Act

87 min
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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.
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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.
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Published 2022-11-07

Affirmative Action Reaction

85 min
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Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.

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  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

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Leah, Kate, and Melissa recap the many, many hours of oral arguments in the affirmative action cases SCOTUS heard last week.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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Published 2022-10-30

Open Season on Precedents

68 min
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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.
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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.
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Published 2022-10-17

Pigs, Prince, and Proven Innocence

66 min
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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.  Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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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.  Plus, there's a lot to catch up on in court culture, including judges trying to cancel cancel culture, and another round of Ginni Tonics.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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Published 2022-10-10

Limiting the Inevitable Damage

69 min
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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.
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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.
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Published 2022-10-03

How SCOTUS Distorts Democracy

67 min
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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.
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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.
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Published 2022-09-26

Judicial Joyriding

70 min
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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.
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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.
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Published 2022-09-19

Unprincipled and Inconsistent Voting Rights Shenanigans

52 min
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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?
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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?
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Published 2022-09-12

Please Pay Attention to State Courts and Constitutions

57 min
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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.
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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.
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Published 2022-09-05

Debunking the Independent State Legislature Fantasy

54 min
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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.
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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.
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Published 2022-08-29

Fossil Fuel Rules Everything Around Me

51 min
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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.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

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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.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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Published 2022-08-22

What the Fight After Roe Actually Looks Like

83 min
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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.
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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.
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Published 2022-08-15

Women Are Not Without Power

77 min
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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.
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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.
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Published 2022-08-08

Hostility to Mercy

51 min
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Leah talks with Lee Kovarsky of the University of Texas about the Supreme Court's treatment of death penalty cases.
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Leah talks with Lee Kovarsky of the University of Texas about the Supreme Court's treatment of death penalty cases.
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Published 2022-08-01

Law & Religion on the Barrett Court

62 min
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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.
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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.
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Published 2022-07-25

The Family Roe: An American Story

57 min
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Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story.
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Melissa interviews journalist Joshua Prager about his book, The Family Roe: An American Story.
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Published 2022-07-18

How Mitch Rigged the Courts

51 min
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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.
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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.
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Published 2022-07-11

Break Glass in Case of Emergency

74 min
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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.

 

 

For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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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.

 

 

For a transcript of this episode go to https://crooked.com/podcast-series/strict-scrutiny/

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 3/6/26 – San Francisco
  • 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

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Published 2022-07-04

Smashing Precedents and Making Up Facts

63 min
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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.
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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.
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