Strict Scrutiny
Government
Crooked Media
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.
Total 314 episodes
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Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket
Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket
After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA). Follow us on Instagram, Twitter, Threads, and Bluesky
50:2404/11/2024
Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs
After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today. Follow us on Instagram, Twitter, Threads, and Bluesky
01:27:5128/10/2024
SCOTUS’s Endless Beef with the EPA
SCOTUS’s Endless Beef with the EPA
Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country. Follow us on Instagram, Twitter, Threads, and Bluesky
01:04:1421/10/2024
"Ghost Guns" are Guns (Duh)
"Ghost Guns" are Guns (Duh)
After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet. Follow us on Instagram, Twitter, Threads, and Bluesky
47:1514/10/2024
An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice
An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice
Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.Listen back to our 2023 interview with one of Richard Glossip's lawyers Follow us on Instagram, Twitter, Threads, and Bluesky
01:19:3107/10/2024
Steel Yourself for a New SCOTUS Term
Steel Yourself for a New SCOTUS Term
Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath. Follow us on Instagram, Twitter, Threads, and Bluesky
01:09:0630/09/2024
No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar
No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar
Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back. Follow us on Instagram, Twitter, Threads, and Bluesky
01:18:4323/09/2024
The Battle for Native Rights & Comstock: The Zombie Law From Hell
The Battle for Native Rights & Comstock: The Zombie Law From Hell
Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It. Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:2616/09/2024
Reform, Repression, & Reproductive Rights (Live from Texas!)
Reform, Repression, & Reproductive Rights (Live from Texas!)
This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas. Follow us on Instagram, Twitter, Threads, and Bluesky
58:0909/09/2024
Shining a Light on State Supreme Court Races
Shining a Light on State Supreme Court Races
In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings.  Follow us on Instagram, Twitter, Threads, and Bluesky
01:14:2902/09/2024
Project 2025 (cont.): The Fascist Plan to Plunder the Government
Project 2025 (cont.): The Fascist Plan to Plunder the Government
To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country.  Follow us on Instagram, Twitter, Threads, and Bluesky
54:1026/08/2024
Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks
Project 2025 (cont.): How to Create a Geopolitical Hellscape & Back to School With Meredith Marks
Ben Rhodes of Crooked's Pod Save the World joins Leah and Kate to break down Project 2025's truly frightening foreign policy goals. Then, Leah and Melissa are joined by The Real Housewives of Salt Lake City's Meredith Marks. In addition to braving the "rumors and nastiness" of reality television, Meredith is also a graduate of Northwestern Law School. So who better to help analyze the intersection between reality TV and the law?  Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:3619/08/2024
State of the Uterus: Two Years After the End of Roe
State of the Uterus: Two Years After the End of Roe
In what has become a depressing tradition, it's time for our annual look at the hell that SCOTUS unleashed with Dobbs v. Jackson Women's Health Organization. To look at the landscape for reproductive rights and justice, the team is joined by Julia Kaye, senior staff attorney at the ACLU and Fatima Goss Graves, president and CEO of the National Women’s Law Center Action Fund.  Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:3812/08/2024
Project 2025 (cont.): DEI for Men With Terrible Personalities
Project 2025 (cont.): DEI for Men With Terrible Personalities
Jon Lovett joins Melissa and Leah to climb inside the mind of one of Project 2025’s biggest boosters: J.D. Vance. It’s nasty in there! Then, Leah and Melissa discuss the proposed SCOTUS reforms. Finally, Leah chats with Olivia Warren and Deeva Shah about misconduct in the federal judiciary–specifically, the investigation into certified creep Judge Joshua Kindred. Follow us on Instagram, Twitter, Threads, and Bluesky
01:27:4905/08/2024
Project 2025: 900 Pages and 100% Deranged
Project 2025: 900 Pages and 100% Deranged
Leah and Melissa introduce a new series on Project 2025, the Heritage Foundation’s deranged instruction manual for taking away all of our rights and making everyone’s lives worse. Then, the whole crew is together for a conversation with Dylan C. Penningroth about his book Before the Movement: The Hidden History of Black Civil Rights. Follow us on Instagram, Twitter, Threads, and Bluesky
01:19:1429/07/2024
The Hubris and Hackery of Aileen Cannon
The Hubris and Hackery of Aileen Cannon
Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here. Follow us on Instagram, Twitter, Threads, and Bluesky
01:13:4922/07/2024
We Read Josh Hawley's Book So You Don't Have To
We Read Josh Hawley's Book So You Don't Have To
Josh Hawley's book/polemic on the trials and tribulations of American men also gives us a window into the dark worldview that informs his politics-- so unfortunately, we needed to see what all he's saying. We decided to do an informal book club to discuss the horrors within, and we invited the only person whose opining on masculinity we actually want: Jonathan Van Ness. Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:5615/07/2024
A Terrible, Horrible, No Good, Very Bad Term
A Terrible, Horrible, No Good, Very Bad Term
Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone?In case you want to hear our predictions for yourself, go back and listen to our term preview from September 2023 Follow us on Instagram, Twitter, Threads, and Bluesky
01:15:4908/07/2024
SCOTUS Hands Trump Presidential Immunity
SCOTUS Hands Trump Presidential Immunity
It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government. Follow us on Instagram, Twitter, Threads, and Bluesky
46:0401/07/2024
The Supreme Court Makes Its Biggest Power Grab in a Generation
The Supreme Court Makes Its Biggest Power Grab in a Generation
Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least. Follow us on Instagram, Twitter, Threads, and Bluesky
01:06:1629/06/2024
SCOTUS Dodges the Question of Emergency Abortions
SCOTUS Dodges the Question of Emergency Abortions
After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean air, and big pharma. Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:2628/06/2024
SCOTUS Greenlights Government Corruption
SCOTUS Greenlights Government Corruption
Leah, Melissa, and Kate weigh the implications of Bloomberg’s scoop on EMTALA (apparently someone at the court got a little trigger-happy with the upload button). Then they take a look at today’s two official opinions–is a $13,000 bribe equivalent to buying someone Chipotle? Coach Kavanaugh has thoughts. And did the government strong-arm social media companies into censoring content? There’s a word for that: jawboning. Follow us on Instagram, Twitter, Threads, and Bluesky
40:0326/06/2024
A Very DC Saturday Night
A Very DC Saturday Night
As we wait for SCOTUS opinions in cases about presidential immunity, emergency abortions, the future of the administrative state, and more, we did a rowdy live show at the Howard Theatre in Washington, DC! It was  one for the books-- The Second Gentleman, Doug Emhoff, joined us to reflect on the second anniversary of Dobbs. Friend of the pod Commander Steve Vladeck filled in as guest host. And former Attorney General Eric Holder joined us to talk about the Court's decision in a case about domestic violence offenders obtaining guns, analyze possible paths for court reform, and lighten the mood with a game of This or That. Follow us on Instagram, Twitter, Threads, and Bluesky
01:39:4924/06/2024
SCOTUS's Indefensible Delay in Trump's Immunity Case
SCOTUS's Indefensible Delay in Trump's Immunity Case
The gang is back together! Ahead of the Strict Scrutiny live show on Saturday in DC, Kate, Melissa and Leah comb through four decisions from the Court. Are these the cases everyone’s waiting for? Not quite, but they do involve repatriation taxes, malicious prosecution, federal rules of evidence, and retaliatory arrests.Read Leah's NYT OpEd: "Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case" Follow us on Instagram, Twitter, Threads, and Bluesky
33:2520/06/2024
Mifepristone Stays on the Market (live from Tribeca!)
Mifepristone Stays on the Market (live from Tribeca!)
Live from New York, it's Strict Scrutiny! Elie Mystal guest hosts with Kate and Melissa in front of a sold-out crowd at the Tribeca Festival to break down opinions, perform dramatic readings of the secret Alito recordings, and imagine some end-of-year yearbook pages for the justices. Plus, New York Magazine's Irin Carmon joins to talk about the practical effects of the Supreme Court's ruling in the mifepristone case.To watch the full episode, complete with Martha-ritas and yearbook superlatives, head to our YouTube channel Follow us on Instagram, Twitter, Threads, and Bluesky
01:17:1617/06/2024
The Textualist Case for Mass Shootings
The Textualist Case for Mass Shootings
In an emergency episode, Leah and Melissa break down the Court's 6-3 decision to strike down a ban on bump stocks, attachments that allow semi-automatic weapons to fire at machine gun-like rates. It's bad, people. Follow us on Instagram, Twitter, Threads, and Bluesky
42:3014/06/2024
Texas Doubles Down on Life-Threatening Abortion Ban
Texas Doubles Down on Life-Threatening Abortion Ban
Melissa and Kate talk to Molly Duane, lawyer from the Center for Reproductive Rights, about the disheartening outcome in the Zurawski case in Texas. Plus, they recap recent opinions in cases about bankruptcy, tax law, and health care on Native American reservations.To hear more about the Zurawski case, including the stories of the women who testified, listen to our episode "A Code of Misconduct" from  November 2023 Follow us on Instagram, Twitter, Threads, and Bluesky
01:10:2010/06/2024
Flags, Feuds, and Roberts' Rebuff
Flags, Feuds, and Roberts' Rebuff
Melissa and Kate recap the Supreme Court's latest opinions and catch up on the latest drama from the Alitos' flag-flying fiasco.We’re giving one lucky listener the chance to win a pair of tickets to our SOLD OUT show in DC on June 22nd.Here’s how to enter:Subscribe to Strict Scrutiny’s Youtube channelLeave a COMMENT on our most recent video episode with YOUR favorite Strict Scrutiny moment. [LINK MONDAY’S YT VIDEO HERE]The giveaway starts TODAY and ends June 7th at 11:59pm PT. We’ll be picking a winner on/around June 10th so be sure to keep an eye on your comment. For the full rules, check out the link here: http://crooked.com/strictgiveawaydc Follow us on Instagram, Twitter, Threads, and Bluesky
01:11:5103/06/2024
TRUMP FOUND GUILTY!
TRUMP FOUND GUILTY!
A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America  to talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway. Follow us on Instagram, Twitter, Threads, and Bluesky
51:2431/05/2024
Time for Some Bad Decisions
Time for Some Bad Decisions
There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America.New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term.Order Undue Burden at Bookshop.org and get 10% off Follow us on Instagram, Twitter, Threads, and Bluesky
01:22:2127/05/2024
The Alitos Let Their Freak Flag Fly
The Alitos Let Their Freak Flag Fly
Leah and Melissa catch up on the Alitos' upside-down flag situation, an opinion preserving the funding structure of the CFPB, and a racial gerrymandering case out of Texas.Read Jodi Kantor's reporting on the Alitos' flagRevisit our episode recapping the oral arguments in the case challenging the CFPBWe’re giving one lucky listener the chance to win a pair of tickets! Here’s how to enter:Subscribe to Strict Scrutiny’s Youtube channelLeave a comment on our most recent video episode with your favorite Strict Scrutiny moment.The giveaway starts TODAY and ends May 24 at 11:59pm PT. We’ll be picking a winner on/around 5/28 so be sure to keep an eye on your comment. For the full rules, check out the link here: https://crooked.com/strictgiveaway/ Follow us on Instagram, Twitter, Threads, and Bluesky
01:08:0220/05/2024
The Pick-Me Boys and Girls of the Federal Judiciary
The Pick-Me Boys and Girls of the Federal Judiciary
Victoria Wenger of NAACP-LDF joins Kate and Leah for an update on the four years of litigation trying to get fair voting maps for Louisiana residents. Then, a major update on a group of federal officials who plan to penalize a private institution for failing to censor certain speech-- you'll never guess who!If you would like to make a donation in honor of Brendan Jackson, Leah's student who recently passed away, you can do so at www.ruckercollierfoundation.com Follow us on Instagram, Twitter, Threads, and Bluesky
01:07:3213/05/2024
Asked and Answered: A Listener Mailbag Episode!
Asked and Answered: A Listener Mailbag Episode!
Melissa, Leah, and Kate recap oral arguments in cases about unhoused people, immigration, and Starbucks unions. Then, it's our second annual listener mailbag episode! What's the best way to fight against usage of the Comstock Act? Should liberals be using law suits to troll conservatives? Why don't the Democrat-appointed justices speak out about their colleagues' poor behavior? You asked, we answered!Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets are on sale now. Learn more and get tickets at tribecafilm.com/strict Follow us on Instagram, Twitter, Threads, and Bluesky
01:10:5106/05/2024
SCOTUS Seems to Normalize Authoritarianism
SCOTUS Seems to Normalize Authoritarianism
Melissa, Leah, and Kate recap the oral arguments in the Idaho case about the legality of abortions in emergency situations, and the case about whether former President Trump is immune from prosecution in the federal election interference case arising out of January 6. It's all very bleak!In better news, Strict Scrutiny will be live at the Tribeca Film Festival on June 13th! Tickets go on sale Tuesday, April 30th, at 11am ET. Learn more and get tickets at tribecafilm.com/strict Follow us on Instagram, Twitter, Threads, and Bluesky
01:23:4729/04/2024
Will SCOTUS Let January 6 Defendants Off the Hook?
Will SCOTUS Let January 6 Defendants Off the Hook?
Melissa, Leah, and Kate recap oral arguments in cases about January 6, political corruption, malicious prosecution claims, and the right to counsel. They also break down a batch of decisions, and look ahead to how SCOTUS may address state bans on gender-affirming care.Read Professor Caitlin Millat's op ed in the Los Angeles Times: "As a pregnant law professor in Arizona, I fear the abortion ban" Follow us on Instagram, Twitter, Threads, and Bluesky
01:18:3022/04/2024
SCOTUS’s Final Sitting of the Term Is A Doozy
SCOTUS’s Final Sitting of the Term Is A Doozy
In the next two weeks, SCOTUS will hear arguments in cases on political corruption, criminalizing houselessness, whether a state abortion ban can override a federal policy permitting abortion in emergency medical care, the statute under which most January 6th defendants were convicted-- and if that weren’t enough, Donald Trump’s request for immunity in the January 6th case against him. After previewing all these cases, Kate, Leah, and Melissa also provide updates on the total abortion ban and ballot initiative happening in Arizona, and the latest shenanigans out of the Fifth Circuit.Got a question for our upcoming mailbag episode? Submit it here! Follow us on Instagram, Twitter, Threads, and Bluesky
01:06:3615/04/2024
Florida Becomes a Battleground for Reproductive Rights
Florida Becomes a Battleground for Reproductive Rights
Kate and Leah break down the latest court news with Errin Haines, Editor-at-Large for The 19th and host of The Amendment, including developments in abortion access in Florida and the discourse around whether Justice Sotomayor should retire. Then, Jill Habig of the Public Rights Project and Tyler Yarbro from the Tennessee Freedom Circle join Melissa, Kate, and Leah to talk about the latest conservative effort to control the courts: judicial gerrymandering.Listen to Melissa's interview with Errin on The Amendment, talking about the Trump indictmentsSubmit a question for our upcoming mailbag episode here! Follow us on Instagram, Twitter, Threads, and Bluesky
01:04:1308/04/2024
The Absurd Fiction of the Mifepristone Case
The Absurd Fiction of the Mifepristone Case
Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.ICYMI, we did a quick reaction episode on Tuesday right after the mifepristone case was argued  Follow us on Instagram, Twitter, Threads, and Bluesky
01:16:1901/04/2024
The Supreme Court Abortion Pill Case
The Supreme Court Abortion Pill Case
Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court. Follow us on Instagram, Twitter, Threads, and Bluesky
17:2426/03/2024
Texas, Immigration, and Easily Avoidable Chaos
Texas, Immigration, and Easily Avoidable Chaos
Steve Vladeck joins Kate and Leah for the play-by-play of what happened with SB4, Texas's restrictive and extreme anti-immigration law that wound up on the U.S. Supreme Court's shadow docket. Kate and Leah also recap the oral arguments in cases about the First Amendment and social media, the NRA, and the types of evidence allowed in trials.Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info. Follow us on Instagram, Twitter, Threads, and Bluesky
01:22:4525/03/2024
Welcome to Conservative Grievance Week
Welcome to Conservative Grievance Week
The Supreme Court will hear arguments this week on two First Amendment cases that ask whether the REAL victims of government coercion today are… conservatives with fringe views! Leah, Melissa, and Kate preview those cases, along with the mifepristone case the Court will hear next week. Plus, they do a deep dive on how SCOTUS uses the shadow docket to clear the way for executions.Strict Scrutiny is headed back to DC for another live show! Presale starts 3/18 @ 12pm ET with the code SCRUTINY. Head to crooked.com/events for more info! --> Washington DC TicketsHere's the full episode in which we called pretty much the entire outcome of the Title X family planning program case in the Fifth CircuitICYMI, Melissa's book with Andrew Weissmann, The Trump Indictments: The Historic Charging Documents with Commentary, hit #1 on the New York Times' Bestseller List! If you haven't gotten your own copy, code STRICT10 will get you 10% off at Bookshop.org Follow us on Instagram, Twitter, Threads, and Bluesky
01:18:1118/03/2024
The TLDR of Trump's Indictments
The TLDR of Trump's Indictments
Our very own Melissa Murray has a new book out with co-author Andrew Weissmann-- The Trump Indictments: The Historic Charging Documents with Commentary-- and it was an instant New York Times bestseller. Melissa and Andrew talk with Kate and Leah about the book and what they hope readers take from it. Plus, for a special court culture segment, Leah talks with Barb McQuade about her book, Attack from Within: How Disinformation Is Sabotaging America.Buy The Trump Indictments and Attack from Within from Bookshop.org-- code STRICT10 at checkout gets you 10% off! Follow us on Instagram, Twitter, Threads, and Bluesky
55:4011/03/2024
SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
SCOTUS Restores Trump to the Colorado Ballot, Unanimously (Kind Of)
The Supreme Court released its opinion in Trump v. Anderson, saying Colorado and other states can't disqualify Trump from the ballot under Section 3 of the Fourteenth Amendment. Kate, Melissa, and Leah break down the (expected) outcome, the (heinous) reasoning and what it means going forward. One guess as to which justice has BDUE (big Dolores Umbridge energy).Listen to our recap of the oral arguments in the episode "SCOTUS Has Their Own Theories About Trump's Eligibility" Follow us on Instagram, Twitter, Threads, and Bluesky
48:3405/03/2024
Content Moderation, Machine Guns, and Trump's Trial Calendar
Content Moderation, Machine Guns, and Trump's Trial Calendar
Leah and Kate analyze the ramifications of the Supreme Court agreeing to hear Trump's immunity case... seven whole weeks from now. They also recap the arguments in a case about whether the federal government can ban bump stocks, a device that turns a semi-automatic rifle into, essentially, a machine gun. Plus, evelyn douek joins the pod to recap arguments in a case about whether social media content moderation is censorship and therefore violates the First Amendment. Listen to evelyn's podcast, Moderated Content Follow us on Instagram, Twitter, Threads, and Bluesky
01:25:4704/03/2024
The Alabama Supreme Court Embraces Fetal Personhood
The Alabama Supreme Court Embraces Fetal Personhood
Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.Listen to our episode with Michele Goodwin from August 2022, "What the Fight After Roe Actually Looks Like"Listen to our episode with Jessica Valenti from February 2023, "The Originalist Case for Terrorizing Women"Watch Melissa and Kate on The Daily Show!Order Melissa Murray and Andrew Weissmann's new book, The Trump Indictments: The Historic Charging Documents with CommentaryCode STRICT10 at checkout gets you 10% off! Follow us on Instagram, Twitter, Threads, and Bluesky
01:29:1726/02/2024
The Good, The Bad, And The Ugly From State Courts
The Good, The Bad, And The Ugly From State Courts
Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.Read Melissa and Kate's article in the Harvard Law Review, "Dobbs & Democracy"Read Melissa's article from the Houston Law Review, "Children of Men: The Roberts Court’s Jurisprudence of Masculinity"Pre-order The Trump Indictments: The Historic Charging Documents with Commentary, by Melissa Murray and Andrew Weissmann (code STRICT10 gets you 10% off at check-out!)  Follow us on Instagram, Twitter, Threads, and Bluesky
01:17:2919/02/2024
SCOTUS Has Their Own Theories About Trump’s Eligibility
SCOTUS Has Their Own Theories About Trump’s Eligibility
The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.  Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:4512/02/2024
Why Did Trump Get Denied Immunity?
Why Did Trump Get Denied Immunity?
This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait. Follow us on Instagram, Twitter, Threads, and Bluesky
31:3307/02/2024
Does the Constitution Disqualify Trump from Presidency?
Does the Constitution Disqualify Trump from Presidency?
This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy. Follow us on Instagram, Twitter, Threads, and Bluesky
53:0505/02/2024
E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"
E. Jean Carroll and Robbie Kaplan on Trump's "Defamation Rampage"
E. Jean Carroll and attorney Robbie Kaplan join us to share the process and aftermath of Carroll's defamation lawsuit against Donald Trump-- in which a jury just awarded her $83.3 million. What was Trump's vibe in the courtroom? Will he actually pay up? And what does E. Jean plan to do with all that money? Melissa, Kate, and Leah get all these answers and more.Read the NYT's piece on Robbie Kaplan: "In Trump’s Bitter, Yearslong Brawl With Roberta Kaplan, He Keeps Losing"Read E. Jean Carroll's 2019 book in which she tells her story: What Do We Need Men For?: A Modest Proposal Follow us on Instagram, Twitter, Threads, and Bluesky
50:3202/02/2024