Episode notes
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…
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
More from Strict Scrutiny
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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.
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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…
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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 transcripts@crooked.com . Include the podcast name, episode title, and air date. Please allow 48 hours for delivery.
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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…
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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…
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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…
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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…
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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…
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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…
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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,…
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