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    Government

    Strict Scrutiny

    Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it.
    The show is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways.
    The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.

    Advertise

    Copyright: © Crooked Media. All Rights Reserved.

    • Apple Podcasts
    • Google Play
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    Latest Episodes:
    The Only Loser is the Public May 23, 2022

    Ellen Weintraub, commissioner of the Federal Election Commission since 2002, joins Kate and Leah to break down the Supreme Court's opinion in FEC v. Ted Cruz, an important campaign finance case [2:07]. (Commissioner Weintraub also joined us to preview the case before oral arguments-- go back and listen to that episode if you haven't!) Kate and Leah also debrief the opinion Patel v. Garland, a major immigration case with a pretty devastating result [32:45]. They also flag a grant of a habeas-related case the Court will hear next term, Jones v. Hendrix [47:23], and then try to bring their blood pressure down by catching up on various statements and speeches Justices Thomas and Alito have given recently [52:01].


    What's next in a post-Roe world May 16, 2022

    Kate and Leah spend some additional time on possible fallout from a Dobbs opinion overruling or eviscerating Roe. They interview two people with insight on what we can expect in a post-Roe world. Diana Greene Foster is a professor in the Department of Obstetrics, Gynecology & Reproductive Sciences and a researcher on reproductive health at UCSF. She's also the author of The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having--Or Being Denied--An Abortion [3:14]. And Greer Donley is an assistant professor at University of Pittsburgh Law, and one of the three authors of the extremely topical and important article, "The New Abortion Battleground," which is forthcoming in the Columbia Law Review. The paper is written together with Professor David Cohen at Drexel Kline School of Law and Professor Rachel Rebouche, Interim Dean of Temple University Beasley School of Law. The paper analyzes the inter-jurisdictional issues that will emerge if and when the Supreme Court overrules Roe [32:04]. We'll also catch up on some of the additional news and hot takes people have had since the leak happened [57:52].


    Stay Mad Like Sam May 09, 2022

    Kate, Melissa, and Leah recap the remaining arguments from the April session: Nance v. Ward [1:38] and Biden v. Texas [18:04]. They also get into a unanimous opinion about religious speech [43:28], and of course, break down some court culture before continuing their investigation into the leaked draft opinion [52:30].

    Protect Abortion Access. Donate to Abortion Funds. VoteSaveAmerica.com/roe


    What the SCOTUS leak could mean for abortion May 03, 2022

    Kate, Leah and Melissa get together for an emergency episode to discuss a leaked draft Supreme Court opinion that indicates the justices are prepared to overrule the decisions protecting and reaffirming the constitutional right to an abortion.

    Protect Abortion Access. Donate to Abortion Funds: http://votesaveamerica.com/roe


    The Inner Life of Coach Kavanaugh May 02, 2022

    Leah, Kate, and Melissa bring you a jam-packed show recapping news, arguments, and opinions from the Supreme Court in the past couple weeks. Recaps include "the praying coach case," aka Kennedy v. Bremerton School District [10:26], Shoop v. Twyford [45:27], and Oklahoma v. Castro-Huerta [50:05]. We also do some math trying to figure out who might-- or might not-- have the still-to-come opinion in Dobbs [57:21], and get out the kleenex for the Chief Justice's teary tribute to Justice Breyer [1:06:44].


    Coup, But Make It Look Legal Apr 25, 2022

    Kate's off glamping, so Leah and Melissa are left to their own devices to recap SCOTUS news [1:37], arguments from the first week in the April sitting [27:09], and fresh opinions [54:00]. Plus, a new game: X-Treme Textualism.


    The Non-Existent Establishment Clause Apr 18, 2022

    Leah, Kate, and Melissa catch up on SCOTUS news (including more shadow docket activity and shady Thomas behavior) [1:04] and preview the cases the Supreme Court will hear in their last sitting of the term [35:54]. The justices will be going out with a bang, hearing cases about veteran benefits, Miranda warnings, immigration, and of course, religious liberty.


    Justice on the Brink Apr 11, 2022

    Melissa interviews Linda Greenhouse about her new book, Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court. This conversation was originally a live, virtual event from the Brennen Center for Justice, produced in part­ner­ship with New York University’s John Brademas Center.


    Light Conspiracy Theories Apr 04, 2022

    Leah and Kate catch up on all SCOTUS-related "antics" that happened in March-- including the latest in Ginni Thomas news [00:55], opinions [25:06], oral arguments [40:23], and non-Thomas-related news [52:56].


    Backwards and in High Heels Mar 28, 2022

    Leah, Kate, and Melissa watched all the confirmation hearings for Judge Ketanji Brown Jackson-- so you don't have to. Here's our recap of the best, worst, and weirdest moments throughout four days of questioning.


    Go Down Clutching the Constitution Mar 21, 2022

    Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.

    Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53].


    Living Textualism Mar 14, 2022

    Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.


    Canon Wars Mar 07, 2022

    Rachel Rothschild, legal fellow at the Institute for Policy Integrity, joins Kate and Melissa to recap oral argument in West Virginia v. Environmental Protection Agency. They also recap cases about prescription drugs, tribal casinos, outpatient dialysis, and what happens when a state wants to enforce a law that's no longer in effect. Plus, there's more on KBJ's pending confirmation, Ginni Thomas's doings, and Sam Alito's... laugh?


    Indian Law Hall of Fame Mar 03, 2022

    Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher (Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?


    KBJ, All the Way! Feb 28, 2022

    Melissa, Kate, & Leah discuss the historic nomination of Judge Ketanji Brown Jackson – KBJ, Yay! – to the U.S. Supreme Court. Professor Lisa Fairfax (University of Pennsylvania, Carey School of Law) joins us to share some personal perspective on Judge Jackson after decades of friendship.


    I Don't Wanna Feb 26, 2022

    Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48).


    We're Doing S'mores Feb 21, 2022

    Leah, Kate, & Melissa run through a bunch of Court adjacent news-- including this Jane Mayer piece about Ginni Thomas-- before highlighting the big cases to watch in the February sitting.


    Speedy Sonia Feb 16, 2022

    Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.


    Party Like It's 1935 Feb 14, 2022

    Kate, Melissa, and Leah interview Professors Julian Davis Mortenson and Nick Bagley about the nondelegation doctrine.


    Further Erosion Feb 09, 2022

    Deuel Ross, senior counsel at the NAACP Legal Defense Fund, joins Leah and Kate to discuss the Supreme Court’s decision allowing an election in Alabama to proceed under a legislative map that dilutes the voting power of Black Alabamians.


    Supreme Ambition Feb 07, 2022

    Melissa, Kate, and Leah sit down with Ruth Marcus, the author of Supreme Ambition: Brett Kavanaugh and the Conservative Takeover.


    Mensch On The Bench Jan 31, 2022

    Kate, Melissa, & Leah are joined by Dean Risa Goluboff & Tejas Narechania for a retrospective on Justice Breyer. Then FEC Commissioner Ellen Weintraub joins for a discussion of FEC v. Ted Cruz for Senate.


    Comeback Kid Jan 27, 2022

    Our boy Steve is retiring. Here are our thoughts on the timing, his legacy, and potential successors.


    Putting the Tea in Totenberg Jan 24, 2022

    Nina Totenberg joins the podcast to discuss her story that broke the Internet and sent the Court into a statement frenzy. Kate, Leah, and Melissa then break down some of the January arguments and what is happening with S.B. 8.


    BONUS: Strict Scrutiny x Why Is This Happening? Jan 19, 2022

    The ladies of Strict Scrutiny join forces with Why Is This Happening?, hosted by Chris Hayes (aka Mr. Kate Shaw).

    Late Justice Ruth Bader Ginsburg once said, “it’s hard not to have a big year at the Supreme Court.” With that in mind, we thought it would be good to do a gut check as 2022 promises to be one of the most important years in the Court’s history. We like doing new things here at WITHpod, so we’re excited to share our first crossover episode with the hosts of The Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray, and Leah Litman. Between the possibility of Roe v. Wade being overturned, historic potential rulings on voting and gun rights, and more contentious political battles, the year ahead will certainly be one for the books.


    Hot Potato Jan 17, 2022

    Payvand Ahdout, Assistant Professor of Law at University of Virginia School of Law and federal courts and post-conviction review expert, joins Leah to debrief the first week of the Court's January arguments, an important resentencing case to be argued the second week (attn: Kim Kardashian), and a bunch of court culture that ... isn't particularly upbeat for lady lawyers.


    Putting the F in FDR Jan 14, 2022

    Melissa, Leah, and Kate recap the Supreme Court’s opinions invalidating the Biden administration’s test-or-vaccinate policy for employers with more than 100 employees, and the Court’s grudging acceptance that employees at federally funded healthcare facilities should not be able to kill their patients.


    Justice for Snowflake Jan 10, 2022

    Leah, Melissa, & Kate preview the cases to be argued in the January sitting (other than the test-and-vax cases), and also cover all of the Court-adjacent news that has happened over the last month.


    No Laws, Just Vibes Jan 08, 2022

    Kate, Melissa, and Leah recap oral arguments in two emergency applications related to Biden administration policies designed to reduce the transmission of COVID-19.


    Laboratories of Autocracy Jan 03, 2022

    Melissa, Kate, and Leah get to spend an entire show on one of their favorite topics -- Sam Alito. This time with an assist from Justice Alito’s nemesis, Adam Serwer.


    The People's Constitution Dec 27, 2021

    Leah is joined by Wilfred Codrington III to discuss his co-authored book The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.


    Our Favorite Things, 2021 Dec 20, 2021

    Leah, Melissa, and Kate round out 2021 with a discussion of their favorite things.

    To wear

    Wool leg warmers from Lunya

    Washable silk pajamas from Lunya

    True Botanicals

    Kari Gran mini kit

    The Lady Doth Etsy shop

    Taylor Swift merch

    To read

    My Monticello, by Jocelyn Nicole Johnson

    The Silence of the Girls, by Pat Barker

    The Women of Troy, by Pat Barker

    The 1619 Project

    Born on the Water, Nikole Hannah-Jones and Renee Watson

    How to be Successful Without Hurting Men’s Feelings, by Sarah Cooper

    To eat

    This Little Goat

    Sugargoat

    Levain Bakery cookie assortment

    To support women journalists

    Dahlia Lithwick - Slate Plus

    Alexandra Petri - Washington Post

    Rebecca Traister and Irin Carmon - New York Magazine and The Cut

    Erinn Haynes and Shefali Luthra - The 19th

    To smell

    Parks Project-- like this Yosemite Lodgepole Pine Candle

    To spoil your dog

    The Farmer’s Dog food

    Buck Bones

    Stuffing free toys

    DIY sock bottle

    And of course, to rep your favorite podcast

    Strict Scrutiny merch


    The Marshmallow Experiment Dec 13, 2021

    We recap the second week of the December sitting, which is (more than) enough to justify a break for the New Year!

    Resources:

    • Michele Goodwin's powerful op-ed in the New York Times: "I Was Raped by My Father. An Abortion Saved My Life."
    • Liliana Segura's reporting on Barry Jones, whose case was consolidated with Shinn v. Ramirez
    • Nelson Tebbe's 2008 article in the University of Pennsylvania Law Review, "Excluding Religion"

    We rely on listeners to keep the show funded! You can become a Glow supporter for $7/month, or pick up some merch as you do the rest of your holiday shopping.


    A Uterus, If You Can Keep It Dec 10, 2021

    Commander Vladeck returns to break down what the Supreme Court’s decision in the SB8 case does and doesn’t mean. (Spoiler alert: Nothing good!)


    Let's Be Legends Dec 06, 2021

    Tiffany Wright joins the show to recap last week’s oral arguments and to preview the second week of the December sitting... hijinks ensue.

    Strict Scrutiny depends on support from listeners. Become a Glow subscriber today for just $7/month, and get access to special live shows and virtual happy hours.

    Resources:

    • "Texas Abortion Law Complicates Care for Risky Pregnancies," by Roni Caryn Rabin. New York Times, November 26, 2021.
    • "The Judge Who Told the Truth About the Mississippi Abortion Ban," by Reynolds Holding. The Atlantic, November 30, 2021.
    • Amicus brief by the Howard University School of Law Human and Civil Rights Clinic

    Fourth Dimension Feminism Dec 02, 2021

    Kate, Melissa, and Leah recap oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi case that banned abortion after 15 weeks.


    Sad Girl Autumn Nov 29, 2021

    It’s sad girl autumn at the Supreme Court -- Melissa, Kate, and Leah preview the upcoming cases, including the frontal challenge to Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, and discuss the Court’s lack of action on the S.B. 8 cases.


    At Liberty: This Fall’s Fight Against Forced Pregnancy Nov 22, 2021

    In October, Melissa joined the ACLU's podcast At Liberty to discuss the state of abortion rights in Texas and the rest of the nation. We're thrilled to bring the conversation to Strict Scrutiny listeners as well.

    The Supreme Court is gearing up to hear challenges to some state laws restricting abortion, including a case from Mississippi that directly challenges the 1973 precedent set in Roe v. Wade. Given the court’s conservative super majority, many legal experts are warning that access to abortion may hang on Congressional action. The Women’s Health Protection Act, a bill that could legally enshrine the right to abortion care, passed the House on September 24th but faces a battle in the Senate.

    Melissa's co-panelists are Imani Gandy, senior editor at the Rewire News Group and co-host of the podcast Boom! Lawyered, and Alexa Kolbi-Molinas, senior staff attorney at the ACLU’s Reproductive Freedom Project. Molly Kaplan hosts.


    Self-Own Sam Nov 15, 2021

    Professor Lisa Eskow joins the podcast to discuss some Justices’ willingness to engage in ecclesiastical whack-a-mole in Ramirez v. Collier. There are also birthday wishes, Big Bird (and other birds), kale shops, and more!


    Have They Heard of Frat Houses? Nov 11, 2021

    Leah talks to Ahilan Arulanantham about the argument in FBI v. Fazaga, the case challenging the government’s surveillance of the Muslim community in Southern California.


    Arbitration Rat Nov 08, 2021

    Melissa, Leah, & Kate recap the remaining cases from the first week of November -- and focus on Houston Community College and NYSRPA v. Bruen, which raises the question whether NYU has a campus. (It does.)


    Foreign in a Domestic Sense Nov 05, 2021

    Kate speaks with Juan Perla and Neil Weare about United States v. Vaello-Madero, which will be argued before the Supreme Court on November 9th. US citizens who are otherwise eligible for SSI benefits are denied solely because they live in Puerto Rico-- a US territory. Does this denial violate the equal protection clause of the 14th Amendment?


    Some Geniuses Nov 02, 2021

    Kate, Melissa, and Leah recap the oral arguments in the S.B. 8 cases on Monday, November 1st.


    That’s Just Like, Your Opinion, Man Nov 01, 2021

    Kate, Melissa, and Leah preview the whopper first week of the November sitting. They are joined by Joseph Blocher, Professor of Law at Duke Law, to discuss NYSRPA v. Bruen.


    Fatally Unequal Oct 25, 2021

    Melissa talks with Carol Anderson about her book, The Second: Race and Guns in a Fatally Unequal America. This event originally aired as a program by the Commonwealth Club of California back in July, and we're excited to bring it to Strict Scrutiny listeners ahead of Supreme Court arguments in New York State Rifle & Pistol Association Inc. v. Bruen on November 3rd.


    Watch This Space Oct 22, 2021

    A quick breakdown on what the Court did and didn’t do today (Friday, October 22) in the cases against Texas's S.B. 8, which prohibits abortion 6 week's after the pregnant person's last period.


    Per My Last Email Oct 18, 2021

    Kate, Melissa, and Leah recap the last week of the October sitting and some developments in the S.B. 8 litigation.


    Latte Liberal Oct 11, 2021

    Melissa, Leah, and Kate recap the first week of the October sitting.


    Troll World Tour Oct 04, 2021

    Dahlia Lithwick joins us for a preview of this monster term, and a breakdown of … that Alito speech.


    Hashtag YOLO Sep 27, 2021

    Recorded in partnership with the 2021 Texas Tribune festival, Dahlia Lithwick joins us to discuss the U.S. Supreme Court’s busy summer and do a lightening-round preview of 2.5 cases on the docket for the Court’s upcoming term.


    Sounds Legit Sep 20, 2021

    Leah is joined by Jeannie Suk Gersen and Deeva Shah to discuss an important case, Roe v. United States, about the procedures for addressing workplace misconduct in the federal courts.


    Meager Sentences Sep 13, 2021

    Kate and Leah are joined by Elizabeth Wydra and Aaron Reichlin-Melnick to discuss more of the Supreme Court's orders coming out of the shadow docket. First up is the Migrant Protection Protocol, also known as the "Remain in Mexico" program from the Trump Administration. Then it's a look at the Court's decision to vacate the CDC's latest eviction moratorium, which allows evictions to resume. Both orders ruled against the Biden administration and were divided along ideological lines.


    Messing with Texas Sep 11, 2021

    Leah, Melissa, and Kate reconvene for another emergency podcast on Texas SB8, which is now being challenged by the federal government. Y’all, they are messing with Texas!


    Untitled Dating Show Sep 06, 2021

    It’s law school advice time, Strict Scrutiny style! Melissa and Leah chat with Mark Moran, graduate of UVA Law and contestant on FBoy Island, for the first ever Strict Scrutiny x FBoy Island Crossover. What can law school teach you about reality TV, and reality TV teach you about law school? A lot, it turns out….


    Flagrantly Unconstitutional Sep 04, 2021

    Melissa, Kate, & Leah get together again to discuss the Supreme Court’s decision in the Texas SB8 case, what is happening now in Texas, and what might happen still with the law.


    Message Received Sep 02, 2021

    Commander Professor Steve Vladeck joins us for an emergency episode about SB8, the most restrictive abortion law that has been allowed to go into effect since Roe v. Wade.


    Sexual Justice Aug 30, 2021

    Kate and Leah talk with Alexandra Brodsky, founding co-director of Know Your IX and author of Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash.


    How Rights Went Wrong Aug 23, 2021

    Kate and Leah talk with Jamal Greene about his new book, How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart.


    Open Wound Aug 16, 2021

    Melissa talks reparations with Katherine Franke, Columbia Law Professor and author of Repair: Redeeming the Promise of Abolition.


    Superminority Status Aug 09, 2021

    Melissa and Leah are joined by Easha Anand (MacArthur Justice Center) and Kate Levine (Cardozo University School of Law) to recap the big criminal law cases from last term.


    Born Tired Aug 02, 2021

    In collaboration with The Appellate Project, Leah, Kate, and Melissa talk to Debo Adegbile and Bruce Spiva about voting rights and diversity in the appellate bar.


    Anti-Democratic Super Weapon Jul 26, 2021

    It’s Supreme Court reform summer! On this episode, Leah talks to Professor Nikolas Bowie about his testimony to the Presidential commission on the Supreme Court and whether we have or should have a democracy.


    Justice, Justice Thou Shalt Pursue Jul 19, 2021

    Melissa interviews Berkeley Law Professor Amanda Tyler about the book she co-wrote with the late Justice Ruth Bader Ginsburg, Justice, Justice, Thou Shalt Pursue. The book includes Justice Ginsburg's favorite opinions she authored, along with stories of her life, family, and career. Professor Tyler shares some of those stories as well as reflections on her working relationship and friendship with the justice. This conversation was originally an event put on by The Beverly Hills Bar Association and Writers Bloc Presents.


    Roses & Thorns Jul 12, 2021

    It’s here … our term recap! We go over all the roses and thorns from OT2020, or at least as much as we have time for in this jam-packed episode.


    Textually Challenged Jul 05, 2021

    For a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.


    An Insult to History Jul 01, 2021

    With SCOTUS finishing in July, Leah recaps the end of the term (end of democracy?) cases, Brnovich and Americans for Prosperity, with law of democracy experts Wilfred Codrington and Rick Hasen.


    Tired of These Fools Jun 28, 2021

    On June 23rd, we joined the Ninth Judicial Circuit Historical Society, together with the Western District of Washington Federal Bar Association, for a “SCOTUS in FOCUS” event moderated by Cynthia Jones, the program chair of the Society.


    Comrade Thomas Jun 25, 2021

    Kate and Leah recap the big FRIDAY, FRIDAY at the Supreme Court -- two statutory interpretation cases (Confederated Tribes of the Chehalis Reservation and Hollyfrontier Cheyenne Refining Co), and a major standing case (TransUnion v. Ramirez).


    Cheerleaders for Democracy Jun 24, 2021

    Kate and Leah recap four opinions: Lange v. California; Mahanoy Area School District v. BL; Collins v. Yellen; and Cedar Point Nursery v. Hassid.


    Love and Basketball Jun 21, 2021

    Leah and Melissa do a quick dash through Monday’s opinions in Arthrex, NCAA v. Alston, and Goldman v. Arkansas Teacher Retirement Systems and a quick note on Nestle v. Doe before allowing Leah time to work out some feelings on Justice Alito’s dissent in the ACA case.


    Amuse Bouche Jun 18, 2021

    Kate and Melissa recap two opinions, California v. Texas (the ACA case) and Fulton v. City of Philadelphia (Masterpiece Cakeshop redux). For the latter, Katherine Franke joins with historical context and insights.


    State Courts Are Where It's At Jun 15, 2021

    Leah, Kate, and Melissa recap an important CVSG, the Court’s opinions (in Gary, Greer, and Terry), and a major Wisconsin Supreme Court case!


    Presto! Jun 11, 2021

    Kate, Melissa, and Leah get together to discuss Justice Kagan’s approach to statutory interpretation. We got two opinions this week, Sanchez v. Mayorkas, another unanimous immigration case, and the big ACCA (Armed Career Criminal Act, not Affordable Care Act) opinion we’ve been waiting for-- Borden v. US. They identify an important parallel between Justice Kagan and Taylor Swift and lay out the evidence that the Justices are reading their tweets (and everyone else’s too). Finally, they are joined by three former law clerks to Judge Katzmann (Professors Rachel Bayefsky, Bernie Meyler, and Lindsay Nash) to remember the late judge.


    Fetishistically Textualist Jun 04, 2021

    Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice.


    Death Eaters May 31, 2021

    Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America. This conversation was originally an event with the Commonwealth Club in April.


    Siren Songs May 26, 2021

    Kate, Melissa, and Leah notice the siren song of purposivism in some of the Court’s recent statutory interpretation cases. They also talk about developments on the Court’s death penalty docket before going through one of their binders of women advocates & advocates of color.


    Hysterical Lady Brains May 24, 2021

    Melissa, Kate, and Leah break down the recent cert grants, the oral argument in Terry v. United States, and the opinions in Edwards v. Vannoy, CIC v. IRS, Caniglia v. Strom, & BP v. Baltimore. They then workshop their reviews of Justice Breyer’s forthcoming book before highlighting some exciting Supreme Court-related book reviews.


    When There Are 535 May 17, 2021

    In March, the NYU School of Law hosted the the Birnbaum Women’s Leadership Network's symposium on Politics, Power, and Women’s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy.


    Drained Pool Politics May 10, 2021

    Kate & Melissa host Heather McGhee to discuss her new book, The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together.


    Burn Book on Purposivism May 03, 2021

    Leah and Kate recap the textualist bonanza in Niz-Chavez v. Garland, and the recent arguments in Americans for Prosperity Foundation (during which Justice Alito signaled that he’s a fan of the pod) and Mahanoy School District. They also preview the final case of the term, Terry v. United States.


    Barking Goldfish Apr 26, 2021

    Kate, Leah, and Melissa go over new opinion, recap the previous week of oral arguments, and preview the next batch of cases to be heard at the Supreme Court.


    Right for the Wrong Reasons Apr 19, 2021

    Kate and Melissa are joined by special guests Juvaria Khan, Matthew Fletcher, and Carmen Iguina Gonzalez to discuss the upcoming April sitting and the work of The Appellate Project.


    Tsunami of Slime Apr 12, 2021

    Leah and Kate are joined by Sen. Sheldon “Whiteboard” Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court’s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra.


    Sausage Fest Apr 05, 2021

    “Live” from Yale Law’s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration!


    Spaceships and Serial Killers Mar 29, 2021

    Melissa and special guest Ginger Anders recap the first week of the March sitting and preview the second week of the March sitting.


    Dear Steve Mar 22, 2021

    Melissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more!


    Amend: The Fight for America Mar 15, 2021

    Melissa, Kate, and Leah are joined by Robe Imbriano, producer of Amend: The Fight for America, and Michelle Adams, Cardozo Law Professor and one of the experts featured in the Netflix docuseries.


    Get to the Punchline Mar 08, 2021

    Leah and Kate recap some February arguments (Brnovich v. DNC and United States v. Arthrex) before pleading with the Biden administration to give them some court culture material. Oh, and, Justice Breyer they have a request for you -- with respect, of course.


    Toddler Logic Mar 01, 2021

    Leah is joined by Josie Duffy Rice, President of the Appeal, and Jay Willis, senior contributor at the Appeal, to discuss some Court related news, preview the upcoming Voting Rights Act case, and chat about some emerging Fourth Amendment issues on the Court’s docket.


    Wilding Out Feb 22, 2021

    Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.


    Dude Process Feb 15, 2021

    Kate and Leah do a “snap” episode on the most recent impeachment proceedings.


    Gold Highways Feb 08, 2021

    Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “Digging A Hole,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission.


    Dirty Damages Feb 01, 2021

    Leah, Melissa, and Kate recap the January sitting and the inauguration festivities. They also extend a few invites to join the pod -- so listen in!


    My Name Is Pauli Murray Jan 25, 2021

    Leah, Melissa, and Kate are joined by Julie Cohen, Betsy West and Talleah Bridges McMahon, the team behind the new documentary, My Name Is Pauli Murray. The film premieres at the Sundance Film Festival this week.


    Rinse & Repeat Jan 20, 2021

    Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “The Power of Attorney” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.


    The Meme Lives Jan 11, 2021

    Leah, Melissa, and Kate discuss the insurrection, their new BFF Joe Manchin, the upcoming January sitting, and the 25th Amendment.


    No Coup For You Dec 28, 2020

    In this monster episode, Leah, Melissa, and Kate recap all of the December arguments, and the opinions we’ve gotten to date. They also deliver some disappointing news to Texas et al: NO COUP FOR YOU!


    Our Favorite Things Dec 23, 2020

    Melissa, Leah, and Kate bring some BIG OPRAH ENERGY to share some of their favorite things around the holidays and new year.


    When Reality Is Surreal Dec 21, 2020

    Leah and Melissa are joined by Alexandra Petri, author of Nothing Is Wrong And Here Is Why, and Washington Post columnist. They discuss how to cover news by laughing rather than crying, and how to satirize reality when reality is surreal.


    Normal Scrutiny Dec 14, 2020

    Leah and Melissa are joined by the first repeat guest on Strict Scrutiny, Elie Mystal, to discuss his recent column about Democratic leadership on the Senate Judiciary Committee. They also provide some dramatic readings and reenactments of some of the hearings and filings from the (poorly run) coup attempt.


    Big Whiteboard Energy Dec 07, 2020

    It’s the episode you’ve been waiting for – our breakdown of Justice Alito’s keynote speech at the Federalist Society convention. And as our guest, we have the Senator living rent free in Justice Alito’s head – Senator Sheldon Whitehouse of Rhode Island, who gets his own Strict Scrutiny nickname in this episode!


    Call For Filings! Dec 06, 2020

    Send us your favorite, crazy election law filings from this cycle. And we'll do a dramatic reading!


    Unfeathered Discretion Nov 30, 2020

    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.


    Cute as a Button Nov 23, 2020

    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).


    Vice Signaling Nov 16, 2020

    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.


    Unlawful Generally Nov 09, 2020

    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.


    Yes, Virginia Nov 02, 2020

    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.


    Hot Mess Oct 28, 2020

    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.


    We The Women Oct 26, 2020

    Kate and Melissa talk with Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment.


    Big Dog Energy Oct 19, 2020

    Leah, Melissa, and Kate discuss some of the highlights of the October sitting, as well as the conclusion of the Barrett confirmation hearings.


    Not A Mystery Oct 15, 2020

    Leah and Kate recap the first three days of the confirmation hearings so you don’t have to actually listen to them.


    The Red Death Oct 12, 2020

    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.


    Fire Season Oct 05, 2020

    Leah, Melissa, and Kate bring their A+ Zoom game to NYU School of Law for a live-ish preview of the upcoming SCOTUS term.


    The Women Tell All Sep 28, 2020

    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.


    In Memoriam Sep 21, 2020

    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.


    I Want More Sep 14, 2020

    Leah and Melissa interview Renee Knake Jefferson and Hannah Brenner Johnson about their book Shortlisted: Women In The Shadows Of The Supreme Court.


    Courts of the Conqueror Sep 07, 2020

    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.


    What Would Chief Justice Roberts Do? Aug 31, 2020

    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.


    Join Your Conflagrations Aug 26, 2020

    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.


    RERELEASE: Bonus Pod- Melissa Murray on ACLU's "At Liberty"! Aug 24, 2020

    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.


    The Civility Alarm Aug 17, 2020

    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.


    Magical Moment Aug 10, 2020

    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.


    Five-Dimensional Chess Aug 03, 2020

    Melissa talks with CNN's Joan Biskupic, author of The Chief: The Life and Turbulent Times of Chief Justice John Roberts.


    "Three Generations of Imbeciles" Jul 27, 2020

    Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.


    How To Train Your Killer Whale Jul 20, 2020

    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.


    Diploma Privilege Jul 13, 2020

    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!


    Well Played, Sirs Jul 08, 2020

    *another airhorn* Leah and Melissa break down the Court's major contraception case. Welcome to Gilead!


    Trollito Jul 06, 2020

    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.


    Save Your Yarn Jun 30, 2020

    *airhorn* The Supreme Court released the opinion in June Medical Services v. Russo-- this term's big abortion case. Leah, Melissa, and Kate discuss.


    Thanks For The Footnote Jun 29, 2020

    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!


    PODIVERSARY GIVEAWAY Jun 24, 2020

    A giveaway to mark our one year podiversary!


    Second Glow HH! Jun 23, 2020

    A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters!


    2020 Bingo Card Jun 22, 2020

    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).


    Josh Hawley's Tears Jun 19, 2020

    Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today!


    Carpool Dad Jun 18, 2020

    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.


    Turd In The Punch Bowl Jun 15, 2020

    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.


    Blood-Stained Bunny Costume Jun 15, 2020

    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!


    Made Up Immunities Jun 08, 2020

    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.


    June First Jun 01, 2020

    We chose not to release our regularly scheduled episode today in light of the nationwide protests. #BlackLivesMatter


    What's The Mouse Going To Do? May 25, 2020

    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.


    Earth to Nancy May 18, 2020

    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).


    Flushgate May 11, 2020

    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.


    Happy Hour! May 05, 2020

    We'll be hosting a happy hour to thank our glow subscribers!


    Stay Frustrated May 04, 2020

    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.


    Pit of Piranhas Apr 30, 2020

    In this episode, Melissa talks shop with Jess Bravin, who covers the Court for the ​Wall Street Journal.​


    Workplace Misconduct And The Federal Courts Apr 27, 2020

    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.


    Podapalooza Live Event Apr 24, 2020

    We'll be hosting a live Q&A event as part of podapalooza this Sunday (April 26) at 1 PM ET!


    Podapalooza Teaser Apr 22, 2020

    This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org


    Stop Trying To Make Democracy Happen Apr 20, 2020

    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.


    BONUS: Supreme Inequality with Adam Cohen Apr 13, 2020

    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.


    Build A Bridge Apr 06, 2020

    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.


    Throwing Elbows Mar 30, 2020

    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.


    We See You, Steve Mar 23, 2020

    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.


    The Ghost of Phyllis Schlafly Mar 02, 2020

    Kate and Melissa join forces with Lauren Moxley, creator of The Ginsburg Tapes, for an exploration of the Equal Rights Amendment.


    No Jonathans Or Pauls Feb 24, 2020

    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!


    BONUS: Jaime Santos on Our Curious Amalgam Feb 17, 2020

    Jaime Santos joins John Roberti and Christima Ma from Our Curious Amalgam to talk antitrust and the Supreme Court!


    Cassandra Moment Jan 27, 2020

    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.


    Standing Cheese Jan 20, 2020

    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!


    Criminally Petty Jan 13, 2020

    Kate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild.


    BONUS: Kate Shaw on Why is This Happening? with Chris Hayes Dec 23, 2019

    It's a mash-up! Kate Shaw joins Why Is This Happening? with Chris Hayes to talk all things impeachment.


    Not Afraid of Garland Dec 16, 2019

    Melissa and Jaime deck the halls with argument recaps, cert grants, and opinions-- plus some speculation about upcoming wardrobe choices for Chief Justice Roberts.


    Here Come the Generals Dec 11, 2019

    Jaime, Kate, and Melissa break down the DACA argument and speak with Luis Cortes, who worked on the DACA case and is a DACA recipient himself. They also talk about their favorite Thanksgiving sides and desserts.


    Moot and Rally Dec 02, 2019

    Leah and Kate discuss a case that isn’t even a real case involving a real law, as well as the very real and very important Affordable Care Act case on the Court’s December calendar. They also recap some Federalist Society Gala happenings and developments in the cases involving subpoenas for the President’s financial records.


    Reproductive Rights & Justice Stories (Melissa Murray, Kate Shaw, Reva Siegel & Rebecca Traister live at the Brennan Center) Nov 27, 2019

    In this special bonus episode, Melissa and Kate are joined by co-editor Reva Siegel to discuss their book "Reproductive Rights & Justice Stories," in a conversation moderated by Rebecca Traister and hosted by the Brennan Center for Justice at NYU School of Law.


    This is Kansas Nov 18, 2019

    Leah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity.


    BONUS: Melissa Murray on ACLU's "At Liberty" Nov 11, 2019

    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. Melissa Murray — an expert in family law, constitutional law, and reproductive rights and justice at the New York University School of Law — discusses why the institution looms so large in America's past and present. This episode was recorded live at the Brooklyn Public Library, as part of “‘Til Victory is Won,” an evening commemorating the 400th anniversary of the arrival of the first enslaved Africans to America’s shores.


    Where My Girls At? Nov 04, 2019

    On this episode, Kate and Melissa talk breaking SCOTUS news; preview three cases from the upcoming November sitting -- DACA, Hernandez v. Mesa, and Comcast; and go deep on amicus invitations and (lack of) diversity in the Supreme Court bar.


    Repeat Players Oct 28, 2019

    Leah and Jaime recap some of the Supreme Court’s October cases, including Ramos v. Louisiana, Mathena v. Malvo, and Aurelius Investment v. Puerto Rico. Then they pretend the Supreme Court had no additional cert grants before leaving listeners with a deep thought … slash question.


    Rick Perry and the German Policeman Oct 21, 2019

    On this special Title VII episode, Leah, Jaime, and Kate are joined by a special guest – Jay Austin, Senior Associate Dean of Enrollment and Financial Aid at Rutgers Law School. Together they recap the Title VII arguments (which means a lot of bathroom talk).


    Calm Before the Storm Oct 07, 2019

    On this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)


    Eat Your Spinach Sep 30, 2019

    After a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves.


    Pineapple & Rage Sep 04, 2019

    In our final summer episode, it’s a reproductive rights and justice block party (or wake, depending on your perspective). Leah, Melissa, and Kate discuss the reproductive rights and justice cases that made their way to the Supreme Court, the cases that almost made their way to the Court, and the cases that might make their way to the Court soon. They also point out how many of the Court’s cases have implications for reproductive justice before walking through some recent reproductive justice litigation involving the Supreme Court bar.


    Leg Day Jul 22, 2019

    In the second summer episode, Leah, Melissa and Jaime keep things light with a discussion of the Court's death penalty docket, the Armed Career Criminal Act cases from this past term, and Justice Kavanaugh's opinion in Flowers v. Mississippi. Kate also joins them to reflect on her time clerking for Justice John Paul Stevens. Last episode was our testing pancake, and this one is B-A-N-A-N-A-S.


    Sipping My Tea Jul 01, 2019

    In the inaugural episode of Strict Scrutiny, Leah, Melissa, Jaime, and Kate recap two of this term's biggest opinions--partisan gerrymandering and the census. They also walk through a theme of this term (stare decisis) before talking about the podcast's role in Supreme Court legal culture. It's Strict Scrutiny's test pancake, so enjoy the show!


    Is This Thing On? Jun 19, 2019

    Strict Scrutiny is hosted by three women, Leah Litman, Kate Shaw and Melissa Murray, who are three law professors, but they’re also swimmers, mothers (of humans and dogs), and celebrity gossip enthusiasts. They’re women who’ve practiced before and write about the Court in their professional lives. They have a different voice–- one that celebrates the contributions and opinions of women and people of color. They provide intelligent and in-depth legal analysis alongside their unvarnished, respectfully irreverent takes. And they want to do it in a way that is accessible to a variety of listeners, including Supreme Court regulars, lawyers, law students, and members of the public who are looking for a window into the Court’s decisions, as well as its culture, personalities, and folkways.


    The hosts think SCOTUS is serious business—but they don’t take ourselves or the Court too seriously. They’ve got hot takes, jokes, and a lot to say.


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