Sign in

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 316 episodes
Go to
Unfeathered Discretion

Unfeathered Discretion

Leah and Melissa preview the first week of the December sitting and recap a lot of Supreme Court and Supreme Court adjacent news about turkeys, COVID, and more. Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:0630/11/2020
Cute as a Button

Cute as a Button

Leah and Melissa and Kate are joined by Meera Deo, Professor of Law at Thomas Jefferson School of Law, William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation, and author of Unequal Profession: Race and Gender in Legal Academia (Stanford U Press 2019). Follow us on Instagram, Twitter, Threads, and Bluesky
01:09:2123/11/2020
Vice Signaling

Vice Signaling

Leah and Kate are joined by Marin Levy to recap the Affordable Care Act argument and … wonder about the role of lawyers in contributing to the demise of democracy. Follow us on Instagram, Twitter, Threads, and Bluesky
01:12:0716/11/2020
Unlawful Generally

Unlawful Generally

Kate and Leah break down the first week of arguments from the November sitting, as well as some developments on the Court’s shadow docket. Follow us on Instagram, Twitter, Threads, and Bluesky
57:2809/11/2020
Yes, Virginia

Yes, Virginia

Leah, Melissa, and Kate take a virtual road trip to UVA Law to dish on the upcoming November sitting with the hosts of the Common Law podcast, Dean Risa Goluboff and Professor Leslie Kendrick. Follow us on Instagram, Twitter, Threads, and Bluesky
59:3202/11/2020
Hot Mess

Hot Mess

Leah, Melissa, and Kate, discuss some recent activity on the Court’s “shadow docket” related to the election. Oh, and the fact that we have a new Supreme Court Justice. Follow us on Instagram, Twitter, Threads, and Bluesky
37:2028/10/2020
We The Women

We The Women

Kate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment. Follow us on Instagram, Twitter, Threads, and Bluesky
01:08:1526/10/2020
Big Dog Energy

Big Dog Energy

Leah, Melissa, and Kate discuss some of the highlights of the October sitting, as well as the conclusion of the Barrett confirmation hearings. Follow us on Instagram, Twitter, Threads, and Bluesky
01:00:1019/10/2020
Not A Mystery

Not A Mystery

Leah and Kate recap the first three days of the confirmation hearings so you don’t have to actually listen to them. Follow us on Instagram, Twitter, Threads, and Bluesky
40:5315/10/2020
The Red Death

The Red Death

Leah and Melissa recap the first week of the October sitting, as well as all of the beginning of term developments on the Court’s docket, orders list, and so much more. Follow us on Instagram, Twitter, Threads, and Bluesky
01:08:3912/10/2020
Fire Season

Fire Season

Leah, Melissa, and Kate bring their A+ Zoom game to NYU School of Law for a live-ish preview of the upcoming SCOTUS term. Follow us on Instagram, Twitter, Threads, and Bluesky
01:04:3105/10/2020
The Women Tell All

The Women Tell All

Leah, Melissa, and Kate discuss the President’s nominee to replace Justice Ruth Bader Ginsburg, Judge Amy Coney Barrett, and the expedited process underway to confirm her. Follow us on Instagram, Twitter, Threads, and Bluesky
52:2728/09/2020
In Memoriam

In Memoriam

Leah, Melissa, Kate are joined by Anne Joseph O’Connell,  Adelbert H. Sweet Professor of Law at Stanford Law School and former clerk to Justice Ruth Bader Ginsburg. Follow us on Instagram, Twitter, Threads, and Bluesky
56:3021/09/2020
I Want More

I Want More

Leah and Melissa interview Renee Knake Jefferson and Hannah Brenner Johnson about their book Shortlisted: Women In The Shadows Of The Supreme Court. Follow us on Instagram, Twitter, Threads, and Bluesky
59:4414/09/2020
Courts of the Conqueror

Courts of the Conqueror

Leah is joined by Liz Reese, a Bigelow Fellow at the University of Chicago Law School, for a deep dive on the Court’s blockbuster Indian law case, McGirt v. Oklahoma, authored by the most interesting man in federal Indian law, Neil Gorsuch. Follow us on Instagram, Twitter, Threads, and Bluesky
51:4207/09/2020
What Would Chief Justice Roberts Do?

What Would Chief Justice Roberts Do?

Leah, Kate, and Melissa are joined by Dale Ho, director of the Voting Rights Project at the ACLU and low-key star of The Fight. Follow us on Instagram, Twitter, Threads, and Bluesky
01:00:4731/08/2020
Join Your Conflagrations

Join Your Conflagrations

Leah, Kate, and Melissa are joined by Josie Duffy Rice, the President of The Appeal, to discuss the partnership with The Appeal. They also discuss breaking news,  some criminal justice issues on the Court’s docket last term and this upcoming term, before closing with some recent advances on #brorights. Follow us on Instagram, Twitter, Threads, and Bluesky
01:00:2426/08/2020
RERELEASE: Bonus Pod-  Melissa Murray on ACLU's "At Liberty"!

RERELEASE: Bonus Pod- Melissa Murray on ACLU's "At Liberty"!

Melissa joins the ACLU's Emerson Sykes for an episode of their podcast, At Liberty. The Supreme Court struck down bans on interracial marriage in Loving v. Virginia, the landmark ACLU case decided in 1967. But the government‘s regulation of marriage and sex didn’t start with anti-miscegenation laws or end with Loving. Follow us on Instagram, Twitter, Threads, and Bluesky
38:0324/08/2020
The Civility Alarm

The Civility Alarm

Leah is joined by Amir Ali and Devi Rao from the Supreme Court & Appellate Program of the MacArthur Justice Center and Tiffany Wright of Orrick to discuss (the lack of) diversity in the appellate bar and its consequences. They also discuss two new organizations, The Appellate Project and Law Clerks for Diversity, that are trying to increase diversity in the appellate bar. Follow us on Instagram, Twitter, Threads, and Bluesky
51:1517/08/2020
Magical Moment

Magical Moment

Leah and Kate are joined by Sherrilyn Ifill, President and Director-Counsel of NAACP LDF. They further break down the “shadow docket” cases from last term, highlight an underappreciated theme of the last term, and identify some things to watch in the next few months. Follow us on Instagram, Twitter, Threads, and Bluesky
58:2910/08/2020
Five-Dimensional Chess

Five-Dimensional Chess

Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts. Follow us on Instagram, Twitter, Threads, and Bluesky
01:04:1703/08/2020
"Three Generations of Imbeciles"

"Three Generations of Imbeciles"

Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck. Follow us on Instagram, Twitter, Threads, and Bluesky
01:00:4627/07/2020
How To Train Your Killer Whale

How To Train Your Killer Whale

Leah Melissa, Jaime, and Kate recap the last term -- high points (flushgate), low points (you’ve heard some of these before), and everything in between.  They also discuss the psychology behind how to train our country’s new median #SCOTUS killer whale, John Roberts. Oh, and there are LOTS of announcements and breaking news on this episode too. Follow us on Instagram, Twitter, Threads, and Bluesky
01:16:2920/07/2020
Diploma Privilege

Diploma Privilege

Leah is joined by Dr. Pilar Escontrias, one of the founders of United for Diploma Privilege. United for Diploma Privilege is seeking to address the calamity of bar examinations (and admissions) in the midst of the coronavirus pandemic.  Listen, learn, and take action! Follow us on Instagram, Twitter, Threads, and Bluesky
38:1313/07/2020
Well Played, Sirs

Well Played, Sirs

*another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead! Follow us on Instagram, Twitter, Threads, and Bluesky
31:0808/07/2020
Trollito

Trollito

Leah  and Kate discuss four big Supreme Court cases that came down last week (June Medical with special guest Julie Rikelman, Seila Law, Espinoza, and Alliance for an Open Society). Somehow, in three of those cases, Chief Justice Roberts defied his liberal instincts and voted to join 5-4 opinions with his fellow conservatives. They also discuss some recent news and rumors involving the Court and give Justice Alito a new nickname. Follow us on Instagram, Twitter, Threads, and Bluesky
01:12:5606/07/2020
Save Your Yarn

Save Your Yarn

*airhorn* The Supreme Court released the opinion in June Medical Services v. Russo-- this term's big abortion case. Leah, Melissa, and Kate discuss. Follow us on Instagram, Twitter, Threads, and Bluesky
24:2930/06/2020
Thanks For The Footnote

Thanks For The Footnote

Leah, Melissa, and Kate are joined by Anil Kalhan to break down the Supreme Court’s important immigration habeas case, Department of Homeland Security v. Thuraissigiam, as well as some DOJ developments. Check out our new anniversary merch on our website! Follow us on Instagram, Twitter, Threads, and Bluesky
57:1129/06/2020
2020 Bingo Card

2020 Bingo Card

Leah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision). Follow us on Instagram, Twitter, Threads, and Bluesky
01:15:0222/06/2020
Josh Hawley's Tears

Josh Hawley's Tears

Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today! Follow us on Instagram, Twitter, Threads, and Bluesky
36:1519/06/2020
Carpool Dad

Carpool Dad

Melissa and Leah are joined by Elie Mystal, justice correspondent for The Nation, to discuss why the Supreme Court doesn't get the media coverage it deserves. Follow us on Instagram, Twitter, Threads, and Bluesky
48:2718/06/2020
Turd In The Punch Bowl

Turd In The Punch Bowl

Leah, Melissa, and Kate offer a quick recap and analysis of the 6-3 opinion in Bostock v. Clayton County that came out this morning, ruling that LGBTQ are afforded workplace protections under Title VII.  Follow us on Instagram, Twitter, Threads, and Bluesky
20:1215/06/2020
Blood-Stained Bunny Costume

Blood-Stained Bunny Costume

Because constitutional law makes everything more fun, Leah and Melissa decided to spot constitutional law issues in Netflix’s quarantine hit, Joe Exotic.  They are joined by Delci Winders, Assistant Clinical Professor & Director of Animal Rights Clinic, Lewis & Clark Law School, who shares some of the important animal rights and animal welfare issues the show left out. This one goes out to you, Carole Baskin! Follow us on Instagram, Twitter, Threads, and Bluesky
53:3915/06/2020
Made Up Immunities

Made Up Immunities

Kate and Jaime discuss contributors to injustice--doctrines that encourage (or at least immunize) racial profiling and police misconduct-- with Fred Smith Jr, associate professor at Emory University School of Law.  They also discuss some recent court news and recap a few opinions. Follow us on Instagram, Twitter, Threads, and Bluesky
01:06:1608/06/2020
What's The Mouse Going To Do?

What's The Mouse Going To Do?

Kate and Leah recap the other big argument from the May sitting they didn’t get a chance to last time -- the faithless (or is it Hamiltonian? Or defecting? Or mavericky?) electors cases. They also discuss some findings about the Court’s telephonic arguments and the BIG (aka not so big) opinions the Court has recently released. Follow us on Instagram, Twitter, Threads, and Bluesky
51:3225/05/2020
Earth to Nancy

Earth to Nancy

Leah and Kate break down the major arguments in the presidential immunity and subpoena cases as well as the major (?) social media and supporter updates for the podcast!  They also discuss McGirt v. Oklahoma and the ministerial exemption cases. And enforcing the Voting Rights Act too (of course). Follow us on Instagram, Twitter, Threads, and Bluesky
01:21:2118/05/2020
Flushgate

Flushgate

In this jam-packed episode, Jaime and Melissa recap the Supreme Court’s first-ever telephonic arguments, delve into how three men advocated for or against contraceptive coverage for women, preview next week’s high-profile arguments, and recap some recent opinions.  Whoa, it’s exhausting even just typing that. Follow us on Instagram, Twitter, Threads, and Bluesky
01:15:0811/05/2020
Stay Frustrated

Stay Frustrated

Kate and Melissa are joined by special guest Emily Bazelon to talk about her New York Times Magazine article, “How Will Trump’s Supreme Court Remake America?” Plus, we've got opinions that offer some hints to what future cases might me on the justices' minds. Follow us on Instagram, Twitter, Threads, and Bluesky
01:02:4204/05/2020
Pit of Piranhas

Pit of Piranhas

In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the ​Wall Street Journal.​ Follow us on Instagram, Twitter, Threads, and Bluesky
44:5030/04/2020
Workplace Misconduct And The Federal Courts

Workplace Misconduct And The Federal Courts

Leah and Jaime are joined by Deeva Shah (from Law Clerks for Workplace Accountability) and Sejal Singh and Emma Janger (from People’s Parity Project) for a discussion about workplace misconduct and the federal courts. Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:5827/04/2020
Stop Trying To Make Democracy Happen

Stop Trying To Make Democracy Happen

On this special episode, prepared for PODAPALOOZA, Leah, Melissa, Jaime, and Kate discuss some COVID-related Court issues. That includes the Court’s upcoming telephonic arguments; its order in the Wisconsin election case; and some other COVID-related cases that might make their way to the Court soon. Follow us on Instagram, Twitter, Threads, and Bluesky
52:2120/04/2020
BONUS: Supreme Inequality with Adam Cohen

BONUS: Supreme Inequality with Adam Cohen

Back in February, when crowds were still a thing, Melissa interviewed Adam Cohen about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America.Adam examines the conservative tilt of the Supreme Court since the Nixon administration and forward through the last 50 years. The Supreme Court after Justice Earl Warren no longer protected the rights of the poor, the disadvantaged, equally and instead moved forward to deprioritize such issues as school desegregation, voting rights and the protection of workers and instead, prioritize decisions that favored wealthy and corporate interests.Thanks to the Brennan Center for Justice at NYU School of Law for letting us share this riveting conversation with Strict Scrutiny listeners. Follow us on Instagram, Twitter, Threads, and Bluesky
51:3713/04/2020
Build A Bridge

Build A Bridge

A special opinions episode! The Supreme Court has issued a lot of opinions recently, and we wanted to get you caught up on some of them. Follow us on Instagram, Twitter, Threads, and Bluesky
01:05:5206/04/2020
Throwing Elbows

Throwing Elbows

Leah and Jaime recap other arguments from the February sitting that was a lifetime ago!  They cover Sineneng-Smith v. United States, DHS v. Thuraissigiam, and of course a case argued by that guy Paul -- Seila Law v. CFPB. Follow us on Instagram, Twitter, Threads, and Bluesky
01:14:3930/03/2020
We See You, Steve

We See You, Steve

Just what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be. Follow us on Instagram, Twitter, Threads, and Bluesky
01:01:3123/03/2020
The Ghost of Phyllis Schlafly

The Ghost of Phyllis Schlafly

Kate and Melissa join forces with Lauren Moxley, creator of The Ginsburg Tapes, for an exploration of the Equal Rights Amendment. Follow us on Instagram, Twitter, Threads, and Bluesky
01:18:5402/03/2020
No Jonathans Or Pauls

No Jonathans Or Pauls

Boston University School of Law put together an amazing live show! Leah, Melissa, and Jaime are joined by two fabulous BU law professors, Sarah Sherman-Stokes and Danielle Citron (MacArthur genius and Strict Scrutiny ninja). The group proclaims victory for gender parity and previews two cases (US v. Sineneng-Smith and Seila v. CFPB) before discussing Danielle's work on deep fakes and taking a question from the wonderful audience. This event was recorded live at WBUR CitySpace in Boston. Thanks to WBUR and BU for the very warm welcome! Follow us on Instagram, Twitter, Threads, and Bluesky
01:10:0124/02/2020
BONUS: Jaime Santos on Our Curious Amalgam

BONUS: Jaime Santos on Our Curious Amalgam

Jaime Santos joins John Roberti and Christima Ma from Our Curious Amalgam to talk antitrust and the Supreme Court! Follow us on Instagram, Twitter, Threads, and Bluesky
32:5617/02/2020
Cassandra Moment

Cassandra Moment

While Kate and Jaime recover from the live show, Leah and Melissa bring some exciting impeachment updates … including the Chief Justice caught on camera in Strict Scrutiny SWAG (?!?). They also recap two of the January arguments, Espinoza v. Montana Department of Revenue and Shular v. United States, and offer some “I told you so” s about the Court’s recent cert grants. Follow us on Instagram, Twitter, Threads, and Bluesky
01:00:0527/01/2020
Standing Cheese

Standing Cheese

In the very first live show, Strict Scrutiny goes blue at the University of Michigan in Ann Arbor!  The full crew recaps two arguments from the January sitting (Kelly v. United States  and Thole v. US Bank) and notes some uncomfortable interactions inside and outside of One First Street. They also discuss upcoming student conventions for the American Constitution Society and People’s Parity Project after Leah and Melissa explain to Kate and Jaime what GTL means. Thanks to our hosts, the ACS student chapter at the University of Michigan! Follow us on Instagram, Twitter, Threads, and Bluesky
01:05:2120/01/2020