Strict Scrutiny - Strict Scrutiny

Latest Episodes:

Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket Nov 04, 2024

Show notes

After diving deep on a wild story about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA).

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

Fifth Circuit Election Madness, a Post-Mortem on Roe, & the War on Drugs Oct 28, 2024

Show notes

After an emergency intro looking at the Fifth Circuit’s bonkers mail-in ballot decision, the ladies do a deep dive on two books. First, they speak with New York Times correspondents Lisa Lerer and Elizabeth Dias about The Fall of Roe: The Rise of a New America. Then, David Pozen of Columbia Law School joins to talk about The Constitution of the War on Drugs, his book about how the war on drugs influenced the constitutional law we have today.

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

SCOTUS’s Endless Beef with the EPA Oct 21, 2024

Show notes

Melissa, Kate, and Leah recap October at the Supreme Court, diving into the sewage-infested waters of City and County of San Francisco v. Environmental Protection Agency. What did clean water ever do to Brett Kavanaugh? Also recapped: cases about the judicial review of immigration visas and veterans benefits. Finally, the hosts finish off with a peek at what’s going on in state courts around the country.

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

"Ghost Guns" are Guns (Duh) Oct 14, 2024

Show notes

After covering some breaking news, Kate, Melissa and Leah recap last week's oral arguments at the Supreme Court, including cases about civil rights, ghost guns, and the death penalty. Come for the palpable tension between Justices Alito and Kagan, stay for SG Prelogar gently explaining to Justice Alito how a gun isn’t like an omelet.

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

An Unsealed Brief, Ghost Guns, & Antitrust Law as Social Justice Oct 07, 2024

Show notes

Leah, Melissa, and Kate kick off with a look at Jack Smith’s unsealed brief on Trump’s election interference case before digging into some cases the court is hearing this week, including one centered around ghost guns–unserialized guns that can be put together from component parts. Then, Melissa and Leah speak with Doha Mekki and Jonathan Kanter of the DOJ’s Antitrust Division about how antitrust law can be a vehicle for progressive social change.

Listen back to our 2023 interview with one of Richard Glossip's lawyers

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

Steel Yourself for a New SCOTUS Term Sep 30, 2024

Show notes

Melissa, Leah and Kate break down some excellent recent SCOTUS reporting and look ahead to what fresh hell the Roberts Court has in store for us in its new term. While much is unknown at this point, the Court will hear cases on gender-affirming care for trans kids, “ghost” guns, and further challenges to the Environmental Protection Agency. In other words, time to take a deep breath.

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

No Choice but to Stan: A Deep Dive on Solicitor General Elizabeth Prelogar Sep 23, 2024

Show notes

Pamela Karlan, experienced advocate and co-director of Stanford’s Supreme Court Litigation Clinic, joins Kate and Leah to break down just how exceptional Solicitor General Elizabeth Prelogar is at her job. Then, all three hosts speak with Madiba K. Dennie about her book, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back.

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

The Battle for Native Rights & Comstock: The Zombie Law From Hell Sep 16, 2024

Show notes

Kate and Leah speak with Rebecca Nagle, author of By the Fire We Carry: The Generations-Long Fight for Justice on Native Land about the battlefield that is federal Indian law. Then, all three hosts speak with law professors Reva Siegel and Mary Ziegler about their paper for the Yale Law Journal, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It.

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

Reform, Repression, & Reproductive Rights (Live from Texas!) Sep 09, 2024

Show notes

This week Kate and Melissa are live from the Texas Tribune Festival with a couple of dream guests. First, U.S. Representative Jamie Raskin joins to discuss how Congress can rein in our ethically questionable Supreme Court. Then, they speak with activist Amanda Zurawski, lead plaintiff in Zurawski v. State of Texas, whose story tragically illuminates the cost of anti-abortion laws. Finally, a look at SCOTUS’s enabling of voter suppression and the latest shenanigans of the always-spirited Ginni Thomas.

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

Shining a Light on State Supreme Court Races Sep 02, 2024

Show notes

In this week’s three-part episode, we take a look at state supreme courts and why this year’s elections are so important. First, Kate and Emily Passini of the ACLU walk us through some of the most crucial races. Then, Kate and Leah speak with state supreme court candidates Professor Kimberly Thomas of Michigan and Justice Allison Riggs of North Carolina. Finally, we have a conversation with Professor Miriam Seifter and Justice Anita Earls of the North Carolina Supreme Court about the weaponization of judicial disciplinary proceedings.

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

Our TOPPODCAST Picks

Follow Us

Stay Connected

Strict Scrutiny – Strict Scrutiny

Related Podcasts

Links

Stay Connected