Strict Scrutiny

Our fearless hosts continue to slog through this sh*tty shadow docket summer, covering an order from the Court okaying racial profiling by ICE officers, some ominous administrative stays, Amy Coney Barrett’s ongoing press tour through right wing media, and the lower courts’ continuing frustrations with this Supreme Court. Then, Leah and Kate speak with special guest Symone Sanders Townsend, co-host of MSNBC’s The Weeknight, about how the Supreme Court is carrying out key parts of Project 2025, and enabling and facilitating other parts of the government to do the same. Hosts’ favorite things: The Guatemalan Children’s Case and the Judicial Learning CurveWhat Should a Lower Federal Court Judge Do When SCOTUS Plays Calvinball?Bonus 177: A Closer Look at Justice Kavanaugh's ICE Raids OpinionZohran Mamdani’s ‘Stop Sending Us Money” TikTokTrump’s Treasury Secretary Threatens to Punch Housing Official in the Face Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

Kate, Leah, and Melissa break down how the lower courts are challenging the Trump administration and expressing their frustration with SCOTUS. Then, they check in with two members of the supermajority: Brett Kavanaugh, who’s touting a shiny new shadow docket rebrand, and Amy Coney Barrett as she commences her cursèd book tour. Finally, the hosts speak with Yale Law professor Justin Driver about his book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education. Hosts’ and guests’ favorite things: KateApologies: You Have Reached the End of Your Free-Trial Period of America!Bonus 176: Law, Lawlessness, and DoomerismHow a Top Secret SEAL Team 6 Mission Into North Korea Fell ApartLeahThe DC Circuit’s Realpolitik Orders in the Foreign Aid Funding Case174. Justice Gorsuch's Attack on Lower CourtsBonus 174: Playing the Justices for FoolsThe Supreme Court Is Backing Trump’s Power GrabMelissahearingHijacking the KennedysNancy Mace: Everything You Didn't Know About Her Sh*tty Past These Summer StormsThe BiographyJustinThe Creative Act: A Way of BeingMartin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

The gang is back together as Melissa, Kate, and Leah break down this week’s mountain of legal news, including the Court’s greenlighting of Trump’s anti-DEI National Institutes of Health cuts, the president’s war on mail-in ballots, and a batshit missive from Solicitor General John Sauer. Then, Leah speaks with candidate for Michigan attorney general Eli Savit about the latest threat to marriage equality. Finally, Kate chats with Penn Law professor Serena Mayeri about her book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law. Hosts’ and guests’ favorite things: LeahOne FirstThe Pennyroyal Green SeriesWhy the Supreme Court Is Not to Be TrustedKateWould You Trust This Man With Your Elections?Chautauqua lectureMelissaAtmosphereCommonwealthThe Gilded AgeEliJealous Type Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

Kate and Leah recap the week's legal news, including argument calendars for the next SCOTUS term and President Trump's attempted federal takeover of Washington, DC. Then, it's our third annual State of The Uterus episode. Melissa and Leah talk with Alexis McGill Johnson, president and CEO of the Planned Parenthood Federation of America, and Lisa Beattie Frelinghuysen, founder of ClutchKit, about the current status of reproductive freedom three years after the Supreme Court overturned Roe v. Wade. Finally, Leah talks about the authors of After Dobbs: How the Supreme Court Ended Roe, But Not Abortion. Favorite Things: Leah: Unbearable: Five Women and the Perils of Pregnancies in America, by Irin Carmon; track list and cover art for Taylor Swift's forthcoming The Life of a Showgirl; Ben Platt's cover of Diet Pepsi; Melissa's appearance on Nicole Wallace's podcast, The Best People; "Redistricting Texas Now is Illegal and the U.S. Department of Justice is the Reason Why," by Ellen Katz; and Laura Loomer's weird deposition in a case against Bill Maher Kate: Vera, or Faith, by Gary Shteyngart; Parable of the Talents, by Octavia Butler; Bury Our Bones in the Midnight Soil by V.E. Schwab; The Retrievals; "The Chadha Presidency," by Josh Chafetz; and "Trump, John Roberts and the Unsettling of American Politics," by David Dailey Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

Melissa and guest co-host Imani Gandy of Rewire News Group break down the week’s legal happenings, including how Texas Democrats are attempting to thwart that state’s gerrymandering efforts, college admissions in the age of Trump, and more Epstein fallout. Then, Melissa chats with Duke Law Professor Brandon Garrett about his book, Defending Due Process: Why Fairness Matters in a Polarized World. Finally, Leah speaks with University of Michigan Law Professor Richard Primus, author of the new book The Oldest Constitutional Question: Enumeration and Federal Power. Check out Imani’s podcast Boom! Lawyered. Hosts’ Favorite Things: Melissa: Tom Lake, Ann Patchett; The Midnight Library, Matt Haig; How the George Floyd Protests Changed America, for Better and Worse, Justin Driver (NYT) Imani: Palisade Peaches; Revenge; Death Stranding; Brit Box Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – Chicago Learn more: http://crooked.com/events Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Buy Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

Leah and guest co-host Mark Joseph Stern of Slate and the Amicus podcast run through what’s been happening in the courts this week, including disturbing attacks on judges, the confirmation of the extremely unsavory Emile Bove, and Amy Coney Barrett’s upcoming appearance with Bari Weiss. Then, Kate and Melissa speak with Jessica Calarco, sociologist and professor at the University of Wisconsin–Madison, about her book, Holding It Together: How Women Became America’s Safety Net. Hosts’ favorite things: The SubwayUncle Bobby’s WeddingLife Is a Lazy Susan of Sh*t SandwichesThe Chrysalis OptionDOJ's (Ridiculous) Misconduct Complaint Against Chief Judge BoasbergDept. Q NY Times Pitchbot SCOTUS Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com Follow us on Instagram, Threads, and Bluesky

Kate and Leah break down the week’s legal happenings, including Trump’s flailing efforts to manage the Epstein fallout, the latest abomination from the shadow docket, and the legal quagmire surrounding Trump lackey Alina Habba’s appointment as U.S. Attorney for New Jersey. Then, they speak with law professors—and former clerks for David Souter—Allison Orr Larsen and Erin Delaney about the late justice’s legacy. Hosts’ and guests’ favorite things: Will to Resist: What Dartmouth Teaches Harvard About Protecting American FreedomThe Palace of Rogues SeriesTucci in ItalyMarjorieHow to Hide an Empire; A History of the Greater United States Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration. Hosts’ favorite things: KateLegalistic NoncomplianceTrump’s Plans to Put Emil Bove on the Supreme CourtBonus 167: The Case for Not WritingMelissaWedding PeopleWhat Reading 5,000 Pages About a Single Family Taught Me About AmericaThe Kent Family Chronicles Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Katie Phang, independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trump’s next SCOTUS pick. Then, all three hosts are joined by Strict Scrutiny’s official roadie, Chris Hayes, to talk about his book, The Sirens' Call: How Attention Became the World's Most Endangered Resource. Hosts’ and Guests’ Favorite Things: What we won on Election DayMamdani, Trump and the End of the Old PoliticsMoral Ambition: Stop Wasting Your Talent and Start Making a DifferenceRuin Their Crops on the Ground: The Politics of Food in the United States, from the Trail of Tears to School LunchSkimmed: Breastfeeding, Race, and InjusticeBury Our Bones in the Midnight SoilBone Valley: A True Story of Injustice and Redemption in the Heart of FloridatourA Lawsuit against Alligator Alcatraz!Substack Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

With July upon us and bad decision season (mercifully) over, Leah, Kate and Melissa take a step back to recap this year’s SCOTUS term. They highlight some of the overarching themes, break down the biggest opinions, and look back at the moments they’ll remember forever–whether they want to or not. Hosts’ favorite things: Stanley v. City of Sanford, FloridaSeven Chaotic Months in the Life of a New Federal JudgeThis Is the Real Impact of the Supreme Court’s Planned Parenthood DecisionWhen Rational Basis Review BitA New Kind of Judicial SupremacyWith the Big, Beautiful Bill, You Can Now Sponsor a Billionaire of Your ChoosingSamuel Alito Takes Pride in Gay-BashingA Court Without the Range‘A Culture of Disdain’: The Supreme Court’s Actions Speak Louder Than Its WordsAndorVirginTrump FragrancesTrump’s Big Win in His Escalating War on the PressUSAID studyThe LancetIs the Supreme Court the Best Way to Get Justice?Unbearable: Five Women and the Perils of Pregnancy in AmericaWe the People: A History of the U.S. Constitution Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s emergency episode on the birthright citizenship case, you can find it here. Hosts’ favorite things: MelissaMahmoud v. TaylorTrump v. CASA, Inc.OutrageousDream CountKateGreen-Wood Cemetery’s Living DeadDying for SexlectureLeahThe 21 Best Croissants in New York City Right NowYELLOW Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’s opinions and the Court’s cruel shadow docket order on “third country removals.” Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

First, Leah is joined by international law expert Bec Ingber to lay out legal issues around the use of force (aka bombing Iran). Then, Leah is joined by two guest hosts–former legal journalist Mike Sacks and Georgetown Law’s Steve Vladeck–to break down last week’s opinions from the Court. Everyone’s up to their old tricks: Coach Kavanaugh makes sports metaphors, Clarence Thomas concurs (shudder), and Sam Alito feels his feelings. Through it all, Ketanji Brown Jackson shows us what the court could–hopefully–one day be. Hosts’ favorite things: The release of Mahmoud KhalilLawless Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination under the Equal Protection Clause. Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, deputy director for transgender justice and staff attorney with the ACLU. Finally, a bit of fun with a game about iconic breakups–political and otherwise. This episode was recorded live from Sony Hall in New York City. Hosts’ favorite things: Kate: “How 2000s Culture Messed Us Up”, (The Culture Study Podcast); “Delay, Interfere, Undermine”, T. Christian Miller and Sebastian Rotella (ProPublica); Federalizing the California National Guard, Steve Vladek (One First) Leah: This Is What Autocracy Looks Like, Michelle Goldberg (NYT); Argent, who dressed the hosts for the show Melissa: What the Hell Is Posse Comitatus Anyway? Elie Mystal (The Nation); The Better Sister (Prime Video); Sarah Sclarandis’ shoes Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Leah, Kate and Melissa unpack this week’s raft of SCOTUS decisions, including cases on “reverse discrimination” and whether Mexico can sue American gun manufacturers, and explain why a unanimous vote is more complicated than it appears. Also covered: Trump’s new travel bans and the Justice Department filing a lawsuit against North Carolina because...a Democrat won the supreme court race. Finally, they discuss Kate’s rockstar testimony in front of the U.S. Senate Committee on the Judiciary and some GOP senators’ fixation on this very podcast. Host favorite things: Kate:scholarshipLeah on the Daily ShowLeahThe Rage of Innocence: How America Criminalizes Black Youthnew music for PridetweetMelissaLeahTroy IwataThe Cerebral, Bach-Loving Patrician Who Wrote Trump’s PlaybookBuckley: The Life and the Revolution That Changed AmericaJohn Proctor Is the VillainAtmosphere: A Love Story Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas’s ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh’s opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone, to talk about the avalanche of litigation against the Trump administration and reproductive rights (and wrongs), respectively. Hosts’ favorite things: Leah: Taylor Swift's letter about buying back her art; Why Is This Supreme Court Handing Trump More and More Power?, Kate Shaw (NYT); Living by the Ipse Dixit, Steve Vladeck (One First); The New Dark Age, Adam Serwer (The Atlantic); Elon Musk’s Legacy Is Disease, Starvation and Death, Michelle Goldberg (NYT) Kate: Beware: We Are Entering a New Phase of the Trump Era, M. Gessen (NYT), How YOU Helped Knock Musk Out of DC–& of Politics, Norm Eisen (Substack); On the Campaign Trail, Elon Musk Juggled Drugs and Family Drama, Kirsten Grind and Meghan Twohey (NYT); Cowboy Carter Melissa: Her incredible shoes from the show; seeing Cowboy Carter; the newest season of Just Like That; Original Sin by Jake Tapper and Alex Thompson Emily: Nine Perfect Strangers (Hulu); Everyone Is Lying to You by Jo Piazza Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Melissa, Leah, and Kate kick the show off with a look at the Court’s 4-4 deadlock on Oklahoma’s religious charter school case. Then, it’s a romp through the shadow docket, Judge Jim Ho’s sweaty pleas for attention, Kristi Noem’s humiliating Senate hearing, and selections from Trump’s fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause. Hosts’ favorite things: KateRead Your Way Through New York CityGirl on Girl How: Pop Culture Turned a Generation of Women Against ThemselvesCahokia JazzLeahMatt Kacsmaryk Shouldn't Be a JudgeLet Them StareKissing Girls on ShabbatThe Duke of ShadowsMelissaMatriarch Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

May is supposed to be the calm before June’s opinion storm in SCOTUS-land, but not in Trump’s America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller’s habeas suspension fantasies and the president’s blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week’s oral arguments in the Court’s blockbuster birthright citizenship case. Hosts’ favorite things: Second Life: Having a Child in the Digital AgHarvard Paid $27 for a Copy of Magna Carta. Surprise! It’s an OriginalMy FriendsSenator Sheldon Whitehouse on All Rise NewsWeight Watchers Got One Thing Very RightThis Is Big: How the Founder of Weight Watchers Changed the World -- And MeForever Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! Learn more: http://crooked.com/events Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky