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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What the SCOTUS leak could mean for abortion
What the SCOTUS leak could mean for abortion
Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion. Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe Follow us on Instagram, Twitter, Threads, and Bluesky
52:1503/05/2022
The Inner Life of Coach Kavanaugh
The Inner Life of Coach Kavanaugh
Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44]. Follow us on Instagram, Twitter, Threads, and Bluesky
01:10:2002/05/2022
Coup, But Make It Look Legal
Coup, But Make It Look Legal
Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism. Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:2225/04/2022
The Non-Existent Establishment Clause
The Non-Existent Establishment Clause
Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty. Follow us on Instagram, Twitter, Threads, and Bluesky
58:0318/04/2022
Justice on the Brink
Justice on the Brink
Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in part­ner­ship with New York University’s John Brademas Center. Follow us on Instagram, Twitter, Threads, and Bluesky
49:2811/04/2022
Light Conspiracy Theories
Light Conspiracy Theories
Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56]. Follow us on Instagram, Twitter, Threads, and Bluesky
57:0204/04/2022
Backwards and in High Heels
Backwards and in High Heels
Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning. Follow us on Instagram, Twitter, Threads, and Bluesky
01:19:1728/03/2022
Go Down Clutching the Constitution
Go Down Clutching the Constitution
Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53]. Follow us on Instagram, Twitter, Threads, and Bluesky
01:14:2521/03/2022
Living Textualism
Living Textualism
Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation. Follow us on Instagram, Twitter, Threads, and Bluesky
44:2414/03/2022
Canon Wars
Canon Wars
Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh? Follow us on Instagram, Twitter, Threads, and Bluesky
01:29:3907/03/2022
Indian Law Hall of Fame
Indian Law Hall of Fame
Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!? Follow us on Instagram, Twitter, Threads, and Bluesky
53:1103/03/2022
KBJ, All the Way!
KBJ, All the Way!
Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship. Follow us on Instagram, Twitter, Threads, and Bluesky
01:05:4328/02/2022
I Don't Wanna
I Don't Wanna
Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48). Follow us on Instagram, Twitter, Threads, and Bluesky
01:16:1026/02/2022
We're Doing S'mores
We're Doing S'mores
Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting. Follow us on Instagram, Twitter, Threads, and Bluesky
54:4521/02/2022
Speedy Sonia
Speedy Sonia
Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in. Follow us on Instagram, Twitter, Threads, and Bluesky
43:3716/02/2022
Party Like It's 1935
Party Like It's 1935
Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.  Follow us on Instagram, Twitter, Threads, and Bluesky
52:1814/02/2022
Further Erosion
Further Erosion
Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians.  Follow us on Instagram, Twitter, Threads, and Bluesky
33:2309/02/2022
Supreme Ambition
Supreme Ambition
Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover. Follow us on Instagram, Twitter, Threads, and Bluesky
56:4007/02/2022
Mensch On The Bench
Mensch On The Bench
Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate. Follow us on Instagram, Twitter, Threads, and Bluesky
01:16:1731/01/2022
Comeback Kid
Comeback Kid
Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors. Follow us on Instagram, Twitter, Threads, and Bluesky
35:3427/01/2022
Putting the Tea in Totenberg
Putting the Tea in Totenberg
Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8. Follow us on Instagram, Twitter, Threads, and Bluesky
58:3424/01/2022
BONUS: Strict Scrutiny x Why Is This Happening?
BONUS: Strict Scrutiny x Why Is This Happening?
The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting and gun rights, and more contentious political battles, the year ahead will certainly be one for the books. Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:0419/01/2022
Hot Potato
Hot Potato
Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers. Follow us on Instagram, Twitter, Threads, and Bluesky
54:2117/01/2022
Putting the F in FDR
Putting the F in FDR
Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients. Follow us on Instagram, Twitter, Threads, and Bluesky
42:4814/01/2022
Justice for Snowflake
Justice for Snowflake
Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month. Follow us on Instagram, Twitter, Threads, and Bluesky
56:4910/01/2022
No Laws, Just Vibes
No Laws, Just Vibes
Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19. Follow us on Instagram, Twitter, Threads, and Bluesky
01:14:0208/01/2022
Laboratories of Autocracy
Laboratories of Autocracy
Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer. Follow us on Instagram, Twitter, Threads, and Bluesky
31:3703/01/2022
The People's Constitution
The People's Constitution
Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union. Follow us on Instagram, Twitter, Threads, and Bluesky
43:0227/12/2021
Our Favorite Things, 2021
Our Favorite Things, 2021
Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things. To wearWool leg warmers from LunyaWashable silk pajamas from LunyaTrue BotanicalsKari Gran mini kitThe Lady Doth Etsy shopTaylor Swift merch To readMy Monticello, by Jocelyn Nicole JohnsonThe Silence of the Girls, by Pat BarkerThe Women of Troy, by Pat BarkerThe 1619 ProjectBorn on the Water, Nikole Hannah-Jones and Renee WatsonHow to be Successful Without Hurting Men’s Feelings, by Sarah Cooper To eatThis Little GoatSugargoatLevain Bakery cookie assortment To support women journalistsDahlia Lithwick - Slate PlusAlexandra Petri - Washington PostRebecca Traister and Irin Carmon - New York Magazine and The CutErinn Haynes and Shefali Luthra - The 19th To smellParks Project-- like this Yosemite Lodgepole Pine Candle  To spoil your dogThe Farmer’s Dog foodBuck BonesStuffing free toysDIY sock bottle And of course, to rep your favorite podcastStrict Scrutiny merch Follow us on Instagram, Twitter, Threads, and Bluesky
43:3820/12/2021
The Marshmallow Experiment
The Marshmallow Experiment
We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year!Resources: Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life." Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion" We rely on listeners to keep the show funded! You can become a Glow supporter for $7/month, or pick up some merch as you do the rest of your holiday shopping.  Follow us on Instagram, Twitter, Threads, and Bluesky
01:28:3413/12/2021
A Uterus, If You Can Keep It
A Uterus, If You Can Keep It
Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!) Follow us on Instagram, Twitter, Threads, and Bluesky
41:1710/12/2021
Let's Be Legends
Let's Be Legends
Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue.Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours.Resources: "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. New York Times, November 26, 2021. "The Judge Who Told the Truth About the Mississippi Abortion Ban," by Reynolds Holding. The Atlantic, November 30, 2021. Amicus brief by the Howard University School of Law Human and Civil Rights Clinic Follow us on Instagram, Twitter, Threads, and Bluesky
01:11:0706/12/2021
Fourth Dimension Feminism
Fourth Dimension Feminism
Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks. Follow us on Instagram, Twitter, Threads, and Bluesky
01:08:1202/12/2021
Sad Girl Autumn
Sad Girl Autumn
It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases. Follow us on Instagram, Twitter, Threads, and Bluesky
54:0029/11/2021
At Liberty: This Fall’s Fight Against Forced Pregnancy
At Liberty: This Fall’s Fight Against Forced Pregnancy
In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well.The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate.Melissa's co-panelists are Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project. Molly Kaplan hosts. Follow us on Instagram, Twitter, Threads, and Bluesky
40:1622/11/2021
Self-Own Sam
Self-Own Sam
Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more! Follow us on Instagram, Twitter, Threads, and Bluesky
01:12:4915/11/2021
Have They Heard of Frat Houses?
Have They Heard of Frat Houses?
Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California. Follow us on Instagram, Twitter, Threads, and Bluesky
31:3111/11/2021
Arbitration Rat
Arbitration Rat
Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.) Follow us on Instagram, Twitter, Threads, and Bluesky
01:09:5308/11/2021
Foreign in a Domestic Sense
Foreign in a Domestic Sense
Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment? Follow us on Instagram, Twitter, Threads, and Bluesky
28:4105/11/2021
Some Geniuses
Some Geniuses
Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st. Follow us on Instagram, Twitter, Threads, and Bluesky
52:2102/11/2021
That’s Just Like, Your Opinion, Man
That’s Just Like, Your Opinion, Man
Kate, Melissa, and Leah preview the whopper first week of the November sitting. They are joined by Joseph Blocher, Professor of Law at Duke Law, to discuss NYSRPA v. Bruen. Follow us on Instagram, Twitter, Threads, and Bluesky
01:08:4101/11/2021
Fatally Unequal
Fatally Unequal
Melissa talks with Carol Anderson about her book, The Second: Race and Guns in a Fatally Unequal America. This event originally aired as a program by the Commonwealth Club of California back in July, and we're excited to bring it to Strict Scrutiny listeners ahead of Supreme Court arguments in New York State Rifle & Pistol Association Inc. v. Bruen on November 3rd. Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:1025/10/2021
Watch This Space
Watch This Space
A quick breakdown on what the Court did and didn’t do today (Friday, October 22) in the cases against Texas's S.B. 8, which prohibits abortion 6 week's after the pregnant person's last period. Follow us on Instagram, Twitter, Threads, and Bluesky
14:5622/10/2021
Per My Last Email
Per My Last Email
Kate, Melissa, and Leah recap the last week of the October sitting and some developments in the S.B. 8 litigation. Follow us on Instagram, Twitter, Threads, and Bluesky
01:07:4918/10/2021
Latte Liberal
Latte Liberal
Melissa, Leah, and Kate recap the first week of the October sitting. Follow us on Instagram, Twitter, Threads, and Bluesky
01:07:2411/10/2021
Troll World Tour
Troll World Tour
Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech. Follow us on Instagram, Twitter, Threads, and Bluesky
01:13:0504/10/2021
Hashtag YOLO
Hashtag YOLO
Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court’s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court’s upcoming term.  Follow us on Instagram, Twitter, Threads, and Bluesky
33:3927/09/2021
Sounds Legit
Sounds Legit
Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts. Follow us on Instagram, Twitter, Threads, and Bluesky
46:5820/09/2021
Meager Sentences
Meager Sentences
Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Both orders ruled against the Biden administration and were divided along ideological lines.  Follow us on Instagram, Twitter, Threads, and Bluesky
53:5013/09/2021
Messing with Texas
Messing with Texas
Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y’all, they are messing with Texas! Follow us on Instagram, Twitter, Threads, and Bluesky
46:0911/09/2021