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Strict Scrutiny

Strict Scrutiny
Strict Scrutiny
Latest episode

394 episodes

  • Strict Scrutiny

    S7: BREAKING: SCOTUS Nixes Trump’s Tariffs

    2/20/2026 | 43 mins.
    In today’s much-anticipated ruling, the Supreme Court struck down Trump's tariffs. But how the opinion, dissent, and concurrences break down paints a much more complicated—and concerning—picture. What happens next? Just how far will Brett Kavanaugh go to enable Big Daddy Trump? When will the Court’s conservatives realize that the Major Questions Doctrine is about as real as the tooth fairy? Kate and Leah answer these questions and more.   
    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    3/6/26 – San Francisco

    3/7/26 – Los Angeles

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    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
  • Strict Scrutiny

    S7 Ep19: Is Sam Alito On His Way Out?

    2/16/2026 | 1h 26 mins.
    The legal news just kept coming this week, and Melissa, Leah, and Kate break it all down. Could Friend of the Pod Sam Alito be retiring? Possibly! Can Pete Hegseth retaliate against Senator and veteran Mark Kelly for free speech? No! Just how wild was Pamela Jo Bondi’s Epstein files testimony in Congress? Pretty flippin’ wild! They also cover the latest out of Minnesota, Democratic representatives tearing the head of ICE a new one, some very bad news for humans who enjoy clean air, the Heritage Foundation’s crusade against birth control, and other legal flotsam and jetsam.

    Favorite things:

    Kate: Bad Bunny's Super Bowl Halftime Show; Universities Are Sending Trump a Dangerous Message, Arne Duncan & David Pressman (Washington Post); The Field of Blood: Violence in Congress and the Road to Civil War, Joanne B. Freeman

    Leah: We Have to Look Right in the Face of What We Have Become, Jamelle Bouie; What It Means to Be a White ‘Race Traitor’, Nikole Hannah-Jones (NYT)

    Melissa: MS NOW Presents: Clock It with Symone Sanders Townsend & Eugene Daniels; A Pilot Fired Over Kristi Noem’s Missing Blanket and the Constant Chaos Inside DHS (WSJ); Jessica Bichler for NC State Senate

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    3/6/26 – San Francisco

    3/7/26 – Los Angeles

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    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
  • Strict Scrutiny

    S7 Ep18: Are You There, God? It’s Me, the Constitution.

    2/09/2026 | 1h 17 mins.
    SCOTUS may be between argument sessions, but the legal news isn’t slowing down. Kate, Melissa, and Leah cover the latest out of Minnesota before touching on the Department of Homeland Security’s troubling use of administrative subpoenas and Jodi Kantor’s reporting on the introduction of non-disclosure agreements to the Supreme Court. Then, some election news: the Tulsi Gabbard-supervised FBI raid on an elections office in Fulton County, Georgia, Trump’s desire to “take over” elections, and an update on the challenge against California’s Proposition 50, Gavin Newsom’s counter to racial gerrymandering in Texas. Finally, Kristi Noem’s attempt to revoke Temporary Protected Status for Haitians gets shot down by the District Court for the District of Columbia, and a smörgåsbord of other legal bits and pieces.

    Leah: What a “Melania” Cinematographer Hoped to Accomplish, Isaac Chotiner (New Yorker); Bad Bunny’s Grammys speech; Melissa’s upcoming book (link below); Margaritaville Resort Times Square

    Kate: The Secrets of the Whales (Disney Plus); Liam Ramos Was Just One of Hundreds of Children at This Detention Center. Release Them All., Elora Mukherjee (NYT); Ian McKellen on Colbert

    Melissa: Should You Buy a Newspaper or a Yacht? By Alexandra Petri, How Autocrats Meddle With Elections, Anne Applebaum (The Atlantic); This Guy Sucked; Nuremberg; Mona Lisa Smile; Mrs. America; Fleece Puppy Bag (Zara)

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    3/6/26 – San Francisco

    3/7/26 – Los Angeles

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    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
  • Strict Scrutiny

    S7 Ep17: The Illegality and Injustice of ICE’s Minnesota Occupation

    2/02/2026 | 1h 20 mins.
    Melissa, Kate, and Leah break down the various legal cases arising from ICE’s occupation of Minnesota, including a bid to end DHS’s Operation Metro Surge and a case from citizens seeking to block the abusive use of tear gas and pepper spray. Then, the hosts welcome Crooked’s Tommy Vietor to talk about all things foreign policy: Trump's blatant disdain for international law, the so-called “DonRoe Doctrine,” the President’s wildly incoherent and pointless tariffs, and why Trump’s claim that he’s ended eight wars is beyond laughable. Finally, a deeply concerning FBI raid on the Fulton County elections office supervised by Hawaii's least favorite daughter, Tulsi Gabbard.
    Favorite things:

    Leah: Streets Of Minneapolis, Bruce Springsteen; The Blood-and-Soil Nationalism That Killed Alex Pretti and Renee Good, Ta-Nehisi Coates (Vanity Fair); Minnesota Proved MAGA Wrong, Adam Serwer (The Atlantic); Chris Hayes’ reporting from MN

    Kate: This May Be the Only Path to Accountability for the Minneapolis Shootings, Barry Friedman and Stephen I. Vladeck (NYT); Who Gave ICE Permission to Trample the Constitution? Amicus (Slate); JVN Hair; Migrations, Charlotte McConaghy

    Melissa: His and Hers, Reality Check: Inside America’s Next Top Model (Netflix); King of the North

    Martin Luther King Jr.'s Life of Struggle Outside the South, Jeanne Theoharis 

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2026! 

    3/6/26 – San Francisco

    3/7/26 – Los Angeles

    Learn more: http://crooked.com/events

    Preorder Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader

    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
  • Strict Scrutiny

    S7: Will the Court Actually Push Back Against Trump’s Unlawful Firings?

    1/26/2026 | 1h 46 mins.
    First, Leah and Melissa explain the legal battles around the ICE occupation in Minnesota and what might come after the killings of Renee Good and Alex Pretti. Then, Leah, Kate, and Melissa run through the latest legal news, including Jack Smith’s testimony before the House Judiciary Committee, before diving into this week’s blockbuster oral argument, Trump v. Cook, on whether Trump has the power to fire Lisa Cook from the Federal Reserve Board. They also cover the week’s other oral arguments, including a Second Amendment case where Sam Alito came out as woke…for guns. Finally, with apologies to the Fifth Circuit, a new nominee for America’s worst circuit court. Preorder Melissa’s new book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, out May 12, 2026. 
    Favorite things:

    Melissa: Valentino Was the Last of Fashion’s Old Guard, Robin Givhan (NYT); The Supreme Court Just Held an Anti-Trans Hatefest, Elie Mystal (The Nation)

    Kate: The Purged, Franklin Foer (The Atlantic); There’s Much More at Stake in the Fed Case Than Interest Rates, Lev Menand (NYT); God of the Woods, Liz Moore; Broken Country, Clare Leslie Hall

    Leah: Lindsey Halligan being a shitty lawyer; Mark Carney at the World Economic Forum;  Stand With Minnesota; Your Friendly Neighborhood Resistance, Kerry Howley (New York Magazine)

    Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

    3/6/26 – San Francisco

    3/7/26 – Los Angeles

    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

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About Strict Scrutiny

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.
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