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Strict Scrutiny

by Strict Scrutiny · English · News

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

New episodes: Weekly
Typical length: 1 hr 24 min
Latest: 12 Oct 2026
Language: English

Latest episode

12 Oct 2026 · 1 hr 34 minNew

Will SCOTUS Let Big Oil Off the Hook?

The first week of the new term has come and gone, and things are heating up… literally. Kirti Datla, director of Earthjustice’s Strategic Legal Advocacy Program, joins Melissa and Leah to discuss the term’s biggest climate case: Suncor v. Commissioners of Boulder County . They break down whether Boulder County’s lawsuit against oil and gas companies can move forward, or if the Court will shut it down based on federal law. Then, they dive into Samuel Alito’s big, bad book press tour and his reflections on Dobbs—including the friendships he says he lost along the way. Plus they cover Kash…

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Earlier episodes 29 most recent

S8 · E1 · 5 Oct 2026 · 1 hr 25 min
The Supreme Court Allows Third-Country Deportations to Continue
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a…
S7 · 1 Oct 2026 · 47 min
We Need to Talk About Ethics Reform
In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court . What would a meaningful and enforceable set of ethics rules look like for the Supreme Court justices? Why isn’t there an Inspector General for the judiciary? How are there no real rules around recusals? Roth makes the case for these nonpartisan reforms and more. Take the Strict Scrutiny survey . New Strict merch available here . You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North…
S7 · E58 · 28 Sep 2026 · 1 hr 39 min
A New Term of Supreme Chaos
It’s been a long summer, but Leah, Kate and Melissa are back together to break down the biggest cases and legal battles coming to the Supreme Court this term. Starting in October, the justices will hear challenges involving AR-15s and semi-automatic rifles, religious exemptions for schools receiving government funding, and the latest redistricting fights in Missouri and the 8th Circuit. Plus, Trump’s big arch updates and allegations that a government contractor illegally funneled nearly $200,000 to a Susan Collins super PAC. Then, Melissa sits down with National Association of Black…
S7 · 24 Sep 2026 · 46 min
We Need To Talk About Jurisdiction Stripping
In the fourth installment of our Hot Supreme Court Reform September series, Leah sits down with former FTC Chair Lina Khan and Lev Menand, both of Columbia Law School, to talk through ways to limit how much SCOTUS can mess with federal agencies. Lev makes the case for stripping SCOTUS of its jurisdiction over administrative law and sending those cases to a specialized court, and Lina discusses venue and standing issues—reforming who gets to sue and where. Take the Strict Scrutiny survey . New Strict merch available here . You can now listen to Strict Scrutiny for CLE credits in California,…
S7 · E57 · 21 Sep 2026 · 1 hr 24 min
Trump’s Assault on the Free Press
Melissa and Leah cover this week’s legal horrors out of the Trump administration, including the President’s ban on certain media outlets from the White House, as well as his attacks on the Kennedy Center and the Presidential Records Act. Also covered: Kash Patel on bestiality, ammosexual wins of the week, a proposed ballot measure in Idaho to protect reproductive freedom, and Donald Trump Jr.’s Russian oligarch sugar daddy. Then, Melissa sits down with Crooked’s very own Alex Wagner to talk about her new book The Steal: Four Right-Wing Hard-Liners, One Republican Presidency, and the Raid on…
S7 · 17 Sep 2026 · 51 min
We Need To Talk About Judicial Review
In the third installment of our Hot Supreme Court Reform September series, Leah sits down with Daphna Renan and Nikolas Bowie to discuss how judicial supremacy became the default operating system of the federal government, and how limiting the Supreme Court’s power to decline to enforce federal statutes is a crucial tool for reining it in. Niko and Daphna’s book is Supremacy: How Rule by the Court Replaced Government by the People . Enter the giveaway here ! Take the Strict Scrutiny survey . New Strict Scrutiny merch available here . You can now listen to Strict Scrutiny for CLE credits in…
S7 · E56 · 15 Sep 2026 · 33 min
BREAKING: SCOTUS Blocks Trump's Mail-In Ballot BS
Kate, Leah and Melissa hop on to break down the Supreme Court’s decision to block the Trump administration’s Postal Service regulation announcing it would not deliver mail-in ballots unless states adopted a bunch of last-minute, unnecessary, burdensome, and impossible policies governing mail in ballots. They cover Trump’s tantrum over the decision, Brett Kavanaugh’s endlessly pathetic pick-me energy, and Sam Alito’s God tier false equivalencies.
S7 · E55 · 14 Sep 2026 · 1 hr 35 min
How Trump is Using the IRS to Resegregate America
Melissa is joined by guest co-host Rashad Robinson, political strategist, media advocate, and former president of Color Of Change, to run through last week’s legal news, which involves SCOTUS’s latest shadow docket shenanigans, campaign finance fights, and Missouri Republican efforts to push a mid-cycle congressional redistricting plan that could eliminate a Democratic seat. Also: a Strict Scrutiny history lesson on the “segregation academies” created across the South in resistance to school integration, and how new proposed regulations from the Trump administration have the potential to…
S7 · 11 Sep 2026 · 23 min
Still Counting: Trump vs. The BLUE WAVE: A Midterm Extravaganza
Nate Silver, Clare Malone, and Galen Druke discuss the most competitive Senate races heading into the midterms in this excerpt from their new podcast, Still Counting. To hear the rest, head over to Still Counting and subscribe! New episodes drop every Wednesday evening. You can request a transcript by emailing [email protected] . Include the podcast name, episode title, and air date. Please allow 48 hours for delivery.
S7 · 10 Sep 2026 · 37 min
We Need to Talk About Term Limits
In part two of our Hot Supreme Court Reform September series, Kate and the Brennan Center’s Alicia Bannon make the case for term limits for the Court. The idea has bipartisan support, but what would they look like in practice? And, crucially, does Congress have the power to impose them? Take the Strict Scrutiny survey . New Strict merch available here . You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Get tickets for STRICT SCRUTINY LIVE…
S7 · 3 Sep 2026 · 45 min
We Need To Talk About Court Expansion
How do you solve a problem like SCOTUS? Kate kicks off our Hot Supreme Court Reform September series with the New York Times’ Jamelle Bouie. They dig into the ins and outs of expanding the Court: what the process could look like, the argument for making the entire federal judiciary bigger, and how to avoid an FDR-style fail. Take the Strict Scrutiny survey . New Strict merch available here . You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at…
S7 · 1 Sep 2026 · 34 min
SCOTUS Greenlights Trump's Ballroom
In this bonus episode, Leah and Melissa break down the Supreme Court’s decision to let Trump move forward with plans for a White House ballroom, despite lower courts finding that the project cannot proceed without congressional authorization and appropriated funds. They also discuss a whistleblower’s allegations that the federal government is defying court orders on voting by mail, and new reporting from Jodi Kantor on the Supreme Court’s secretive policies governing when the justices’ papers and internal records will be made public. Take the Strict Scrutiny survey . New Strict merch…
S7 · E54 · 31 Aug 2026 · 1 hr 30 min
Is SCOTUS Letting Trump Meddle in the Midterms?
Kate and Leah break down last week's atrocious shadow docket order on the President's wildly illegal executive order concerning elections and absentee ballots, which furthers the administration's effort to, as Justice Ketanji Brown Jackson warns, "foment chaos ahead of the November elections." Then, after touching on other legal news from the week, Leah speaks with former Governor of North Carolina—and current Senate candidate—Roy Cooper about the Court’s gutting of election law and what he’ll do about it when he’s elected. Finally, we kick off Hot SCOTUS Reform September with a conversation…
S7 · E53 · 27 Aug 2026 · 37 min
Know Your Rights: Do You Have to Talk to Cops?
In the second episode of our Know Your Rights series, Leah and Melissa sit down with NYU Law’s Daniel Harawa to break down what you do—and don't—have to say when law enforcement stops you. They cover the difference between being seized and a consensual encounter, and the crucial distinction between knowing your rights on paper and using your judgment to stay safe in the moment. You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Get tickets…
S7 · E52 · 24 Aug 2026 · 1 hr 53 min
What Does Peak Fascism Look Like?
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Leah is joined by guest co-host Somil Trivedi, advocacy director & senior counsel at Court Accountability, to run through last week’s legal news, which involves a whole lot of straight up fascism, the corruption that enables it, and the rising tide of Christian nationalism. They also ask the important questions: Who’s the richest SCOTUS justice? And…what exactly is…
S7 · E51 · 17 Aug 2026 · 1 hr 36 min
All the President’s Henchmen
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Kate is joined by Liz Oyer, former DOJ pardon attorney and federal public defender, to tick through last week’s news. Among the items covered: Todd Blanche’s swearing-in by lackey Emil Bove, the latest attempt by the administration to expand executive privilege, the renewed vendetta against the Fed’s Lisa Cook, and John Roberts’ Substack debut…That’s right, the Chief…
S7 · E50 · 13 Aug 2026 · 39 min
Know Your Rights: Copwatching 101
In part one of our two-part Know Your Rights series, Leah speaks with Brooklyn Law School’s Jocelyn Simonson about copwatching. They cover what the law says about filming police and federal officers like ICE agents, the line between protected observation and unlawful interference, and how to think about navigating the gap between exercising your constitutional rights and personal safety. Jocelyn’s book is Radical Acts of Justice: How Ordinary People Are Dismantling Incarceration . Follow us on Instagram , Threads , and Bluesky Get tickets for STRICT SCRUTINY LIVE on November 6th in…
S7 · E49 · 10 Aug 2026 · 1 hr 31 min
Sometimes, These F*ckers Lose
Melissa and Justice Correspondent for The Nation Elie Mystal sift through the results of last week’s primaries, including good news from Missouri and Kansas, with a detour on why Michigan Senate candidate Abdul El-Sayed needs to shape up on Court reform. Then, the latest installment of Todd Blanche’s confirmation process for Attorney General and the many misdeeds at the department he hopes to permanently lead: letting insurrectionists off the hook, the targeting of the Southern Poverty Law Center as well as a progressive judge who used to work there, and assaults on the fourth estate. Also:…
S7 · E48 · 3 Aug 2026 · 1 hr 31 min
Will Trump Succeed in Rigging the Midterms?
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle Kate and Leah have good news and bad news. The good: The Paramount/Warner Brothers merger is on hold, the Tate brothers are facing extradition, and Todd Blanche’s nomination for AG has hit a roadblock. The bad: …Everything else. They also cover the ongoing prosecution of Jim Comey for seashell art, and speak with UCLA Law’s Rick Hasen about Trump’s effort to assert…
S7 · E47 · 27 Jul 2026 · 1 hr 29 min
Dude Process, Not Due Process
Huge news for lawyers: You can now listen to Strict Scrutiny for CLE! More info at crooked.com/strict_cle Friend of the Pod Emily Amick of Emily in Your Phone joins Leah to break down the week’s legal news, and the various and sundry ways due process is getting railroaded by Trump, the courts, and the terrible (mostly) men therein. While no discussion of bad decisions would be complete without the Fifth Circuit, we also have an appearance from Senator Josh Hawley, whose effort to limit information on medical abortion options has disturbing links to the playbook used against gender-affirming…
S7 · E46 · 20 Jul 2026 · 1 hr 27 min
How Bad Is Trump's Attorney General Pick?
Kate brings you a triptych of legal happenings this week. First, the latest news with friend of the pod Katie Phang, including a look at Todd Blanche’s Senate confirmation hearing, which certainly confirmed one thing: once you’re Trump’s personal lawyer, you’re forever Trump’s personal lawyer. Then, a conversation about making the courts an electoral issue and why we need fresh candidates for judicial seats with Run for Something ’s Amanda Litman. Finally, ahead of a crucial August 4th ballot measure in Kansas, Kate speaks with Micah Kubic, Executive Director of the ACLU of Kansas, and Emily…
S7 · E45 · 13 Jul 2026 · 1 hr 28 min
Our Long Road Out of Autocracy
Kate is joined by returning guest and friend of the show, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton, and one of the world’s leading scholars of democratic backsliding, autocracy, and the rule of law. They discuss how the Supreme Court has been “captured,” the ways Donald Trump is attempting to remake Washington, D.C., in his image, and what Hungary can teach us about autocracy and how to recover from it. Favorite things: Kate : Emil Bove Defended Trump in Court. Then Trump Made Him a Judge , Mattathias Schwartz (NYT);…
S7 · E44 · 6 Jul 2026 · 1 hr 32 min
Surveying the Wreckage of This Supreme Court Term
Melissa, Kate, and Leah take a look back on this Supreme Court term as a whole. The hypocrisy, the racism, the sheer stupidity... it's all here! Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless , now out in paperback Follow us on Instagram , Threads , and Bluesky For a transcript of an episode of Strict Scrutiny please email [email protected]
S7 · E43 · 30 Jun 2026 · 59 min
SCOTUS Just Barely Preserves Birthright Citizenship
In their second emergency episode in two days, Leah, Melissa, and Kate break down the Court’s final day of the term and folks, it’s a doozy. We’ve got America’s preeminent “father of daughters” Coach Brett Kavanaugh’s majority opinion allowing states to exclude trans women and girls from female sports teams, a massive blow to campaign finance law, and the survival of birthright citizenship by the skin of the 14th Amendment’s teeth. To top it all off, we got an Alito retirement fakeout courtesy of NPR. Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy…
S7 · E42 · 29 Jun 2026 · 54 min
SCOTUS Kills Independent Agencies, Expands Presidential Power
In this emergency episode, Leah and Kate break down today’s incredibly consequential decisions in Trump v. Slaughter and Trump v. Cook , which followed the Project 2025 playbook to rewrite almost a century of precedent regarding presidential power. They also discuss how close the Court came to ruling that states can’t count absentee ballots that are cast by election day but received after election day in Watson v. RNC . Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the…
S7 · E41 · 29 Jun 2026 · 1 hr 21 min
SCOTUS Keeps Rewriting Gun History
Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode ), before digging into the Second Amendment case, Wolford v. Lopez , which featured a cage match between private property rights and the right to bear arms, as well as Sam Alito’s funhouse-mirror version of history. Also covered: opinions involving green card holders, tax foreclosures, the Religious Land Use and Institutionalized Persons Act, the Foreign Sovereign Immunities Act, corporate liability for human rights abuses, and pesticides.…
S7 · E40 · 25 Jun 2026 · 38 min
BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies
In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s decision are predictable. More people will die.” Get tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com Buy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader Buy Leah’s book, Lawless , now out in paperback Follow us on Instagram , Threads , and Bluesky
S7 · E39 · 22 Jun 2026 · 1 hr 27 min
Why is SCOTUS Hoarding Opinions?
Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States v. Hemani , which features drugs, the Second Amendment, and Amy Coney Barrett’s iconic Ambien jar. Plus: a new summer cocktail makes its debut, and no holds are barred, especially when it comes to Trump’s flop makeover of the Reflecting Pool. This episode was recorded live at the Gramercy Theatre in New York City. Favorite things: Leah :Barack Obama’s speech at the opening of his presidential…
S7 · E38 · 15 Jun 2026 · 1 hr 19 min
The Malicious Incompetence of Trump's DOJ
Kate and Leah cover this week’s three Supreme Court opinions—one featuring a killer Ketanji Brown Jackson dissent—before turning to legal news, where bad behavior is everywhere. We’ve got a violent judge who can’t park in Idaho, politically motivated prosecutors in Chicago, and Trump’s generationally incompetent personal lawyers failing to do basic lawyering. Finally, Leah speaks with Mary Moriarty, Hennepin County (MN) Attorney, about the charges her office has filed against ICE agents, the breakdown in cooperation between local authorities and the feds, and FAFO , the new coalition of…

About Strict Scrutiny

Strict Scrutiny is a English news podcast from Strict Scrutiny. Melo plays each episode straight from the publisher's own feed — no ads added, no account needed — and remembers where you stopped, in this browser only.

Publisher: Strict Scrutiny
Language: English
Category: News
New episodes: Weekly
Typical length: 1 hr 24 min
Latest episode: 12 Oct 2026
Feed: RSS — paste into any podcast app
Apple Podcasts: podcasts.apple.com/podcast/id1469168641

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