Strict Scrutiny - Strict Scrutiny

Latest Episodes:

How the Federalist Society Took Over Jul 10, 2023

Show notes

We're kicking off the Strict Scrutiny Summer Reading List with a wild ride through the history of the Federalist Society. Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution and Separate But Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture, joins Melissa and Leah to guide the journey.

Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Order Ideas with Consequences and Separate But Faithful at Bookshop.org. Promo code STRICT10 gets you 10% off!

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

What else can the Supreme Court get away with? Jul 03, 2023

Show notes

Melissa, Leah, and Kate recap the last Supreme Court term, as the justices speed off on their summer vacations (in a luxury yacht? on a private jet? in an RV in Walmart parking lot? Who's to say!). They highlight recurring themes throughout the justices' opinions, relive some of the best moments in oral arguments, recap the Court's scandals, and preview the cases that scare them next term.US term.

Watch/listen to this episode of The Problem with Jon Stewart where the Strict Scrutiny Hosts breakdown Jarkesy v. SEC, a case SCOTUS will hear next term.
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

Student Debt Relief Bad, Bigotry Good Jun 30, 2023

Show notes

The Supreme Court ended its term today with a double whammy, issuing opinions in the 303 Creative case and the student debt relief cases. In the former, the majority creates "a constitutional right to refuse to serve members of a protected class." And in the latter, the majority invalidate's the Biden administration's student debt relief program because, well, they had feelings about it.

Listen to our episode recapping the 303 Creative arguments: "How the 303 Creative case threatens to roll back the 21st century"
Listen to our episode recapping the arguments in the student debt relief cases: "Ascertaining the Majorness of Student Debt Relief"
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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 End of Affirmative Action Jun 29, 2023

Show notes

Today the Supreme Court delivered its opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, declaring admissions programs that consider race to be in violation of the 14th Amendment. Melissa, Kate, and Leah break down the Chief Justice's opinion, Justice Thomas's galling concurrence, and the brilliant dissents by Justice Jackson and Justice Sotomayor.

Listen to our recap of the hours and hours of oral arguments in these cases: "Affirmative Action Reaction"
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

Is ISL dead? IDK. Jun 27, 2023

Show notes

The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can’t actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.

We'll be around all week pushing out emergency episodes as the Supreme Court continues to do... whatever it does. Be sure to subscribe in your podcast app of choice so you don't miss it!

Listen to our previous episodes on the independent state legislature theory/fan fiction/thingamajig: "Debunking the Independent State Legislature Fantasy" with Carolyn Shapiro and Jamelle Bouie, and "Turning Fan Fiction Into Reality."

Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

A Fear of Too Much Justice Jun 26, 2023

Show notes

Leah and Kate delve in to the latest chapter of Supreme Court justices going on secret fancy vacations with billionaires, this time starring Samuel Alito. And then it's opinion-palooza, recapping the opinions we got last week while we wait with bated breath for the horrors the last week of the term will bring.

Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

BONUS: This Land on the Indian Child Welfare Act Jun 24, 2023

Show notes

Last week the Supreme Court made an historic ruling upholding the Indian Child Welfare Act. Rebecca Nagle, host of Crooked Media’s This Land podcast, takes us inside the courtroom in this special bonus episode to break down the decision, how we got here, and what it all means.

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

Good News for the Indian Child Welfare Act Jun 19, 2023

Show notes

The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.

Listen to two previous episodes with Rebecca Nagle: "Go Down Clutching the Constitution" from March 2022 when the case was granted, and "The Uncertain Future of the Indian Child Welfare Act" from November 2022, right after oral arguments.
Listen to season two of This Land, which tells the backstory of Haaland vs. Brackeen
Donate to Barry Jones' release fund and listen to the episode we did with Liliana Seguara on his case: "Innocence Isn't Enough"
We’re going to be hosting Strict Scrutiny Office Hours! It’ll be a special video on YouTube in about a week where we’ll answer your questions about the SCOTUS decisions out so far, the big ones yet to drop, Trump’s indictment, who should win Drag Race All Stars 8. Send a voice memo to us with your question to strictscrutiny@crooked.com. Please keep them to 20 seconds or less, and if you’re okay with it, include your name. We need these by this Wednesday, June 21st.
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

Trump Arraigned and Arrested (BONUS episode) Jun 14, 2023

Show notes

Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more.

Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

A Win for Multiracial Democracy Jun 12, 2023

Show notes

Finally, some good news! The Supreme Court's ruling in Allen v. Milligan preserves section 2 of the Voting Rights Act. Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, joins Kate, Melissa, and Leah to break down the opinion for a live show at Howard University School of Law.

Listen to this past episode where the hosts recap the oral arguments for Allen v. Milligan
Read Melissa Murray's op ed with Steve Vladeck in The Washington Post
Listen to argument recaps for Jack Daniel’s Properties, Inc. v. VIP Products LLC in this episode
Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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